Civil Appeal No(s). 6706/2013

11th September 2019

Petitioner Counsel: Mr. Amrit Pal Singh Dhaliwal Mr. Kuldip Singh
Respondent Counsel: Mr. Rajat Bhardwaj Mr. Gaurav Kumar
Act Name: Indian Evidence Act, 1872

HeadLine : Carbon copy of document prepared in same process as original document, once singed by both parties, assumes character of original document.

Section :
Section 62 Indian Evidence Act, 1872

Cases Cited :

JUDGEMENT

This appeal is directed against the judgment dated 15.01.2009 passed by the Punjab and Haryana High Court dismissing the appeal holding that there is no substantial question of law involved. The High Court held that a carbon copy of a document which carbon copy is signed by both the parties cannot be termed as an original document under Section 62 of the Evidence Act. This finding of the High Court is absolutely incorrect and against the provision of Section 62 of the Evidence Act. This carbon copy was prepared in the same process as the original document and once it is signed by both the parties, it assumes the character of the original document.

2. On this short ground, we allow this appeal and remit the matter to the High Court. We make it clear that we have not expressed any opinion on the merits of the dispute. It is for the High Court to decide whether any substantial question(s) of law arises and the appellant before us is entitled to any relief or not.

3. With these observations, the civil appeal is disposed of. Pending applications, if any, stand disposed of.

Decision : Appeal allowed.