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CS Professional · Drafting, Pleadings and Appearances · Documents under Companies Act, 2013

In a civil suit, Meera Traders relies on a copy of a document registered at the Registrar's office, certified as a true copy by the Registrar. The opposing party objects that the original was not produced. Under section 399, what is the correct position?

The certified copy is admissible as evidence with equal validity to the original. Section 399(3) provides that a copy certified as true by the Registrar is admissible in all legal proceedings, and the Registrar's official position need not be proved.

  1. AThe copy is inadmissible unless the original is produced
  2. BThe copy is admissible only if the Registrar's official position is proved
  3. CThe copy is admissible in evidence as of equal validity with the originalCorrect
  4. DThe copy is admissible only with the leave of the Tribunal

Explanation

Section 399(3) makes a Registrar-certified true copy of a registered document admissible in all legal proceedings as of equal validity with the original. It is not necessary to prove the Registrar's official position. Leave of court is required only for processes compelling production of documents under 399(2).

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