Law:

Section:

Qanun e Shahadat (10 of 1984) Arts. 85, 87 & 88 Civil Procedure Code (V of 1908), 5.151 Issue of certified copies of public and private documents Principles Appellant, under S.151, C.P.C. sought that copying agency of High Court be directed to issue him certified copies of certified copies of three orders passed by Settlement Authorities which were annexed with Constitutional petition which was dismissed by High Court on 12 11 1965 Validity Copying agency of High Court, held, could not supply certified copies of certified copies of orders passed by Settlement Department, for, incharge of copying agency of the High Court could not certify the copies annexed with the memo. of Constitutional petition ¬Procedure. The applicant in present case by an application under section 151 of C.P.C., seeks that copying agency of High Court be directed to issue him certified copies of certified copies of three orders passed by Settlement Authorities/Order of Deputy Settlement Commissioner dated 17 1 1960, order of Settlement Commissioner dated 11 3 1960 and order of Chief Settlement Commissioner dated 25 6 1962. All of the said certified copies were annexed with Constitutional petition which was dismissed by High Court on 12 11 1965. The question hinges on Articles 85, 87 and 88 of the Qanun e¬Shahadat, 1984, Article 85 enumerates/defines what are the public documents. According to this Article, written. instruments are divisible into two classes namely public and private, Public documents consist of act of public functionaries, in the executive, in the Legislature and in the judicial wing of Government which are required to be entered into books/registers in the course of their public duties. The relevant sub clause in this Article is 1(3). Next are Articles 87 and 88. These provisions are exceptions to the rule which requires that each document is to be proved by primary evidence. Article 87 says that every public functionary having the custody of public document of which any person has right to inspect, shall give that person, on demand, a copy of it on the payment of legal fee therefor together with certificate written at the foot of the copy that it is a true copy of…

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