Whether certified copy of public document will prevail over private document in case of dispute?

 The Division  Bench of this Court in the
case   of  Vasudha   Gorakhnath   Mandvilkar  (supra)   in
paragraph­14 held :
"14. Consequently   whenever   there   is   a
variance   between   an   unproved   private
document   or   its   copy   and   a   certified
extract   of   a   public   record,   the   later
must   prevail   as   it   has   more   probative
value,   carrying   the   presumption   as   it
does   under   section   79   of   the   Evidence
Act.   This presumption would continue to
hold   until   it   is   rebutted.     It   can   be
rebutted   only   by   production   of   the 
original   public   record   from   which   the
extract is made out and certified to be
tried by  the relevant authority. Only if
it   is   so   rebutted,   such   certified   copy
issued by a public authority would stand
nullified." (emphasis added).
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
BENCH AT AURANGABAD
WRIT PETITION NO.365 OF 2012

Subhash Somla Pawar, V    The State of Maharashtra.

CORAM :     S.S. SHINDE, J.
                
  PRONOUNCED ON : 04-­02-­2013

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