Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 685

SUPREME COURT OF INDIA
RANJAN GOGOI, CJI., S.A. BOBDE, DHANANJAYA Y. CHANDRACHUD, ASHOK BHUSHAN, S. ABDUL NAZEER, JJ.
M.Siddiq (D) thr. Lrs. - Appellant
Versus
Mahant Suresh Das and Ors. - Respondents
CIVIL APPEAL NO(S). 10866-10867 of 2010, C.A. NO. 4768-4771 of 2011 (III-A) [ITEM NO.501.1], C.A. NO. 2636 of 2011 (III-A) [ITEM NO.501.2], C.A. NO. 821 of 2011 (III-A) [ITEM NO.501.3], C.A. NO. 4739 of 2011 (III-A) [ITEM NO.501.4], (FOR DISCHARGE OF ADVOCATE ON RECORD ON IA 95540 of 2018), C.A. NO. 4905-4908 of 2011 (III-A) [ITEM NO.501.5], C.A. NO. 2215 of 2011 (III-A) [ITEM NO.501.6], C.A. NO. 4740 of 2011 (III-A) [ITEM NO.501.7], C.A. NO. 2894 of 2011 (III-A) [ITEM NO.501.8], C.A. NO. 6965 of 2011 (III-A) [ITEM NO.501.9], C.A. NO. 4192 of 2011 (III-A) [ITEM NO.501.10], C.A. NO. 5498 of 2011 (III-A) [ITEM NO.501.11], C.A. NO. 7226 of 2011 (III-A) [ITEM NO.501.12], C.A. NO. 8096 of 2011 (III-A) [ITEM NO.501.13], DIARY NO(S). 22744 of 2017 (XI) [ITEM NO.501.14] I.A. NO.69841 of 2017 - CONDONATION OF DELAY IN FILING, W.P.(C) NO. 294 of 2018 (X) [ITEM NO.501.15] (FOR ADMISSION), I.A. NO.72707 of 2018 - EXEMPTION FROM FILING O.T., I.A. NO.72706 of 2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS, W.P. NO.151 of 2019 (x) [ITEM NO.502]FOR ADMISSION AND I.A. NO.24779 of 2019 - CLARIFICATION/DIRECTION, W.P. (C) NO.105 OF 2016 (X) [ITEM NO.503]
Decided on : 26-02-2019

Advocates:
Advocate Appeared:
Dr. Rajeev Dhavan, Sr. Adv, Mr. Raju Ramachandran, Sr. Adv, Ms. Vrinda Grover, Adv, Mr. Ejaz Maqbool, AOR, Ms. Akriti Chaubey, Adv, Ms. Qurratulain, Adv, Ms. Tanya Shree, Adv, Mr. Kunwar Aditya Singh, Adv, Mr. Ishwar Mohanty, Adv, Ms. Hamsini Shankar, Adv, Mr. Mohammad Abdullah, Adv, Ms. Ratna Appnender, Adv, Mr. Soutik Banerjee, Adv, Ms. Siddhi Padia, Adv, Dr. Rajeev Dhavan, Sr. Adv, Mr. Yusuf Hatim Muchhala, Sr. Adv, Mr. Zafaryab Jilani, Adv, Mr. Ejaz Maqbool, Adv, Ms. Akriti Chaubey, Adv, Ms. Qurratulain, Adv, Ms. Tanya Shree, Adv, Mr. Kunwar Aditya Singh, Adv, Mr. Mohammad Abdullah, Adv, Mr. Tushar Mehta, SG Ms. Aishwarya Bhati, Adv, Ms. Swati Ghildiyal, Adv, Mr. B.V. Balram Das, AOR, Mr. C.S. Vaidyanathan, Sr. Adv, Ms. Babita Yadav, Adv, Mr. P.K. Singh, Adv, Ms. Aditi, Adv, Mr. Anirudh Sharma, Adv, Mr. Amit Sharma, Adv, Mr. Sandeep Singh, Adv, Mr. Pranav Kumar, Adv, Mr. Ashish Kumar Upadhyay, Adv, Mr. Babul Kumar, Adv, Mr. Y. Lokesh, Adv, Mr. P. V. Yogeswaran, AOR, Mr. C.S. Vaidyanathan, Sr. Adv, Ms. Babita Yadav, Adv, Mr. P.K. Singh, Adv, Ms. Aditi, Adv, Mr. Anirudh Sharma, Adv, Mr. Amit Sharma, Adv, Mr. Sandeep Singh, Adv, Mr. Pranav Kumar, Adv, Mr. Ashish Kumar Upadhyay, Adv, Mr. Babul Kumar, Adv, Mr. Y. Lokesh, Adv, Mr. P. V. Yogeswaran, AOR, Mr. Tushar Mehta, SG Mr. Raghvendra Singh, Sr. Adv,, AG, UP Mr. Madan Mohan Pandey, AAG, UP Ms. Aishwarya Bhati, AAG, UP Mr. Vinod Diwakar, AAG, UP Mr. Sanjay Kumar Tyagi, Adv, Mr. Rajeev Kumar Dubey, Adv, Ms. Manvi Dikshit Sharma, Adv, Mr. Aviral Saxena, Adv, Mr. Manvi Diksit Sharma, Adv, Ms. Vaidruti Mishra, Adv, Mr. Kamlendra Mishra, AOR, Mr. Zafaryab Jilani, Adv, Mr. Shakil Ahmed Syed, AOR, Mr. Mohd. Parvez Dabas, Adv, Ms. Uzmi Jameel Husain, Adv, Mr. Daanish Ahmad Syed, Adv, Mr. Niaz Ahmad Farooqui, Adv, Mr. Shakil Ahmed Syed, AOR, Mr. Milan Laskar, Adv, Mr. Riyaz Ahmad Jaan, Sr. Adv, Mr. Shakil Ahmed Syed, AOR, Mr. Milan Laskar, Adv, Ms. Kanika Chauhan, Adv, Mr. Haris Osmani, Adv, Mr. Pulkit Chandna, Adv, Mr. Hari Shankar Jain, Adv, Mr. Vishnu Shankar Jain, AOR, Mr. K.K. Khurana, Adv, Mr. M.K. Pandey, Adv, Mr. Vishnu Shankar, AOR, Mr. Ramjee Pandey, AOR, Mr. Girijesh Pandey, Adv, Mr. Kulbhushan Arora, Adv, Mr. Sushil Kumar Jain, Sr. Adv, Mr. Puneet Jain, Adv, Ms. Pratibha Jain, AOR, Mr. Prakash Sharma, Adv, Mr. Anuj Saxena, Adv, Mr./Ms. Prakrati Raj, Adv, Mr. Mohd. Naved, Adv, Ms. Pratibha Jain, AOR, Mr. Ranjit Kumar, Sr. Adv, Mr. D. Bharat Kumar, Adv, Mr. Yash Mishra, Adv, Mr. Ankit Raj, Adv, Ms. Indira Bhakhar, Adv, Mr. Rajesh Singh, Adv, Mr. Vineet Pandey, Adv, Ms. Nidhi Jaiswal, Adv, Mr. Santosh Kumar, Adv, Mr. T. Bhaskar Gowtham, Adv, Ms. Ruchi Kohli, AOR, Mr. Dushyant Dave, Sr. Adv, Ms. Meenakshi Arora, Sr. Adv, Mr. M.R. Shamshad, AOR, Mr. Zafaryab Jilani, Adv, Mr. Aditya Samaddar, Adv, Ms. Sarah Haque, Adv, Mr. Ranjit Kumar, Sr. Adv, Mr. D. Bharat Kumar, Adv, Mr. Yash Mishra, Adv, Mr. Ankit Raj, Adv, Ms. Indira Bhakhar, Adv, Mr. Rajesh Singh, Adv, Mr. Vineet Pandey, Adv, Ms. Nidhi Jaiswal, Adv, Mr. Santosh Kumar, Adv, Mr. T. Bhaskar Gowtham, Adv, Ms. Ruchi Kohli, AOR, Mr. Vivek Tankha, Sr. Adv, Mr. P.N. Mishra, Adv, Ms. Ranjana Agnihotri, Adv, Ms. Sangeeta Mandal, Adv, Ms. Mamta Tiwari, Adv, Ms. Swati Sinha, Adv, Mr. Dhananjaya Sud, Adv, Ms. Sukanya Basu, Adv, for M/S. Fox Mandal & Co., AOR, Mr. Vivek Tankha, Sr. Adv, Mr. P.N. Mishra, Adv, Ms. Ranjana Agnihotri, Adv, Ms. Sangeeta Mandal, Adv, Ms. Mamta Tiwari, Adv, Ms. Swati Sinha, Adv, Ms. Sukanya Basu, Adv, for M/S. Fox Mandal & Co., AOR, Mr. Syed Shahid Hussain Rizvi, AOR, Mr. Syed Mansoor Ali, Adv, Mr. Mujeebuddin, Adv, Mr. Mohd. Tayyab Khan, Adv, Mr. Zeeshan Rizvi, Adv, Mr. A. Zaidi, Adv, Mr. Irshad Ahmad, AOR, Mr. S.P. Singh, Sr. Adv, Mr. Raunak Parekh, Adv, Mr. M. C. Dhingra, AOR, Mr. Amit Kumar Wadhwa, Adv, Mr. S.P. Singh, Sr. Adv, Mr. Sudhakar Dwivedi, Adv, Mr. A. Deb Kumar, Adv, Mr./Ms. A. Deepa, Adv, Mr. M. C. Dhingra, AOR, Mr. Sudarsh Menon, Adv, Mr. M. C. Dhingra, AOR, Mr. Vikrant Yadav, Adv, Mr. Gaurav Dhingra, Adv, Mr. Piyush Kant Roy, Adv, Mr. K.K.L. Gautam, Adv, Mr. D.C. Kamwal, Adv, Mr. A.K. Suman, Adv, Mr. P.S. Nerwal, Adv, Mr. C.P. Singh, Adv, Mr. R.R. Bag, Adv, Ms. Saket Gautam, Adv, For Mr. Sanjeev Malhotra, AOR, Mr. Manoj Selvaraj, Adv, Ms. J. Vijetha, Adv, Mr. K.M. Vignesh Ram, Adv, Mr. R. Naveen Raj, Adv, Mr. C. Solomon, Adv, Mr. Shaik Mohamad Haneef, Adv, Ms. M.K. Aswathi, Adv, Mr. Vijendra Kasana, Adv, Mr. Sanjeev Malhotra, AOR, Mr. Vijendra Kasana, Adv, Mr. Sanjeev Malhotra, AOR, Mr. Anish Kumar Gupta, AOR, Mr. Chandra Shekhar Suman, Adv, Mr. Avdhesh Kumar Singh, Adv, Mr. Nisarg Chaudhary, Adv, Mr. Puneet Sheoran, Adv, Ms. Rita Gupta, Adv, Ms. Deepshika Bharati, Adv, Mr. Sujit Kumar, Adv, Mr. R.K. Rajwanshi, Adv, Mr. Rajendra Kr. Singh, Adv, Mr. Anish Kumar Gupta, AOR, Mr. Yash Pal Dhingra, AOR, Mr. Md. Shahid Anwar, AOR, Mr. Bhavanishankar V. Gadnis, Adv, Mr. Ashok Shrivastava, Adv, Mr. Vishwanath B. Gadnis, Adv, Ms. Radni V. Gadnis, Adv, Ms. Swarupama Chaturvedi, AOR, Mr. B.N. Dubey, Adv, Mr. Mukesh Kumar, Adv, Ms. Indira Bhakar, Adv, Ms. Aparna Trivedi, Adv, Mr. Santanu Singh, Adv, Mr. Ranjit Kumar, Sr. Adv, Ms. Swarupama Chaturvedi, AOR, Mr. Anish Kumar Gupta, Adv, Mr. B.N. Dubey, Adv, Ms. Devika Gulati, Adv, Mr. Kumar Gaurav, Adv, Mr. Robin Khokhar, Adv, Mr. Fuzail Ahmad Ayyubi, AOR, Mr. Ibad Mushtaq, Adv, Ms. Aditi Gupta, Adv, Mr. Ranjit Kumar, Sr. Adv, Mr. P.S. Narsimha, Sr. Adv, Mr. Bhakti Vardhan Singh, AOR, Mr. Yash Mishra, Adv, Mr. Vikas Singh Jangra, Adv, Mr. Sarthak Nayak, Adv, Mr. Shridhar Pottaraju, Adv, Ms. Ankita Sharma, Adv, Mr. Prakash Gautam, Adv, Mr. Amit Kumar Pathak, Adv, Mr. V.C. Shukla, Adv, Mr. Rahul G. Tanwani, Adv, Mr. Rishi Raj Sharma, Adv, Mr. Tushar Thareja, Adv, Mr. Sayooj Mohandas, Adv, Mr. Praneet Pranav, Adv, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Ajay Bansal, Adv, Mr. B.K. Satija, AOR, Mr. Vijay Pratap Yadav, Adv, Mr. Gaurav Yadava, Adv, Ms. Veena Bansal, Adv, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Barun Kumar sinha, Adv, Mrs. Pratibha Sinha, Adv, Mr. Birendra Kumar Choudhary, Adv, Mr. Arun Kumar, Adv, Mr. Abhishek, Adv, Mr. Aditya Sharma, Adv, Mr. Swatantra Rai, Adv, Mr. B. K. Satija, AOR, Mr. Manoj Kumar, Adv, Ms. Shweta Bharti, Adv, Mr. Shantanu, Adv, Mr. Anil Kumar Tiwari, Adv, Mr. Amit Pawan, AOR, Mr. Awadesh Kumar, Adv, Mr. Gopal Jha, Adv, Mr. Umesh Dubey, Adv, Mr. Jitendra Tripathy, Adv, Mr. Karunesh Kumar Shukla, Adv, Mr. Anil Kumar, Adv, Mr. Amit Pawan, AOR, Mr. S.N. Pandey, Adv, Mr. Karunesh Kumar Shukla, Adv, Mr. Arun Singh, Adv, Mr. Amit Pawan, AOR, Mr. Bhavanishankar V. Gadnis, Adv, Mr. Vishwanath Gadnis, Adv, Ms. Radni V. Gadnis, Adv, Mr. Amit Pawan, Adv, Mr. Syed Mehdi Imam, AOR, Mrs. Shamama Anis, Adv, Mr. Tabrez Ahmed, Adv, Mr. Atif Suhrawardi, Adv, Mr. Mohd. Noorullah, Adv, Mr. B. Krishna Prasad, AOR, Mr. Shyam Divan, Sr. Adv, Mr. Nachiketa Joshi, AOR, Ms. Sucheta Joshi, Adv, Mr. Bharat Sood, Adv, Mr. Ayush Anand, Adv, Mr. Shubhendu Anand, Adv, Mr. Ankit Raj, Adv, Mr. R.K. Rajvanshi, Adv, Mr. Harshvardhan Singh Rathore, Adv, Mr. Ayush Anand, Adv, Mr. Shubhendu Anand, Adv, Mr. Vaibhav Chadha, Adv, Ms. Swarupama Chaturvedi, AOR, Ms. Vidyottamma, Adv, Mr. Sai Deepak, Adv, Mr. Ravindra Lokhande, Adv, Mr. Mukul Singh, Adv, Mr. Rajesh Kumar Singh, Adv, Mr. Harshit Kaushik, Adv, Mr. Abhishek Atrey, AOR, Mr. Mohd. Irshad Hanif, AOR, Mr. Rizwan Ahmad, Adv, Mr. Muzahid Ahmad, Adv, Mr. Arif Ali, Adv, Mr. Shaik Maula Ali Basha, Adv, Mr. Md. Adeel Siddiqui, Adv, Mr. Ajit Singh Pundir, AOR, Mr. Lakshmi Raman Singh, AOR, Mr. C.M. Patel, Adv, Ms. V.N. Sinha, Sr. Adv, Mr. Vivek Sharma, Adv, Mr. Ravi Shankar Kumar, Adv, Ms. Nanita Sharma, Adv, Mr. Sanjay Verma, Adv, Ms. Nanita Sharma, Adv, Mr. Vivek Sharma, Adv, Mr. Sachin Pahwa, Adv, Mr. Sandiv Kalia, Adv, Mr. Bajrang Lal Jat, Adv, Mr. R.N. Venjrani, Sr. Adv, Mr. Hitesh Kumar Sharma, Adv, Mr. S.K. Rajora, Adv, For A.S. Syyed, Adv, Mr. Sriram P., AOR, Mr. Varinder Kumar sharma, AOR, Ms. Christi Jain, AOR, Mr. Sanjeev Malhotra, AOR, Mr. Sri Hari Shankar Jain, Adv, Mr. Ankur S. Kulkarni, AOR, Ms. Lily Thomas, AOR, Mr. Jaju Jabok, Adv, Mr. Ravinder Kumar, Adv, Mr. Abhishek Jaiswal, Adv, Mr. C.M. Jaykumar, Adv,

Compliance with Supreme Court Rules, particularly regarding the translation of vernacular documents, is crucial for case readiness and the commencement of the hearing.

Headnote:
Translation of Vernacular Documents - Compliance with Supreme Court Rules - Order VIII Rule 2, Order XIX Rule 11(1)
Fact of the Case:

The Supreme Court received a report from the Secretary General regarding the state of readiness of cases for hearing, specifically mentioning the need for translation of vernacular documents in compliance with Supreme Court Rules. The report detailed the inspection of records, the number of pages in different languages, and the need for translation of documents not in English.
Finding of the Court:

The Court found that the records received were not in compliance with the Supreme Court Rules, particularly Order VIII Rule 2 and Order XIX Rule 11(1), which require translation of documents not in English. The report highlighted the need for official translators and the time required for translation to make the cases ready for hearing.
Issues: The main issue was the non-compliance with Supreme Court Rules regarding the translation of vernacular documents, leading to the need for official translation and the assessment of time required for case readiness.
Ratio Decidendi: The Court emphasized the importance of complying with the Supreme Court Rules, particularly Order VIII Rule 2 and Order XIX Rule 11(1), regarding the translation of documents not in English. The report's details regarding the number of pages in different languages and the need for official translators influenced the Court's decision.
Final Decision: The Court deferred passing orders on the suggestion of mediation and set a date for further consideration, emphasizing the need for parties to satisfy themselves with the accuracy and relevance of the translations before the hearing could commence.

ORDER :

Pursuant to the order of this Court dated 10th January, 2019, the Secretary General of this Court has submitted a report on 29th January, 2019 indicating the state of readiness of the cases [i.e. appeals/writ petitions/special leave petition(s)] for hearing. The said report has been circulated to the learned counsels for the parties in Court today i.e. 26th February, 2019.

The report of the Secretary General of this Court is in the following terms.

“REPORT
1. This report is being submitted in compliance with Order dated 10.01.2019 passed by the Hon’ble Supreme Court in Civil Appeal Nos. 1086610867 of 2010, titled as “M. Siddiq. (D) Thr. Lrs. Vs. Mahant Suresh Das and Ors.”.

2. By virtue of Order dated 10.1.2019 in C.A. Nos. 10866-10867 of 2010, the Hon’ble Court was pleased to issue following directions to the Registry of Supreme Court of India:

“The orders of this Court, particularly, the order dated 10th August, 2015 indicate that though the learned counsels for the parties had attempted to submit some translated version of the evidence there is a dispute with regard to the correctness of the translations made.
In these circumstances, the Registry of this Court is directed to physically inspect the records which are lying under lock and key; make an assessment of the time that will be taken to make the cases ready for hearing by engaging, if required, official translators of the requisite number and give a report thereof to the court. The said report will be submitted to this Court by the Registry on 29th January, 2019 when the reconstituted Bench (without Uday Umesh Lalit, J.), as may be, will assemble once again to take up the matter for further orders.”

3. It will be appropriate to mention here that prior to issuing aforesaid directions, the Hon’ble Court in its order had also observed that:

“......The Bench has been informed that the original records are lying in 15 sealed trunks in a room which has also been sealed. Whether the depositions and documents which are in Persian, Sanskrit, Arabic, Gurumukhi, Urdu and Hindi, etc. have been translated is not clear.”

4. To comply above-mentioned directions, the Secretary General on 12.01.2019, has constituted two Committees. Copy of document showing constitution of Committee is enclosed herewith as Annexure I.

5. Accordingly, all the members of both the Committees visited the room where the record is kept. The keys of the room and trunks were in the possession of Registrar (J-I). The same were kept in the sealed envelope. The envelope was opened in the presence of members of both the Committees. The lock with the seal of the room was found to be intact. Thereafter, the lock was opened, by breaking the seal, in the presence of Committee Members. There were 15 trunks in the room. Each trunk was having two locks and all the locks were found properly sealed. Report to that effect was prepared at the spot, and signed by the Committee Members. The charge of the room and sealed boxes was then handed over to the Committee No.2, for further compliance of the order.

6. The members of second Committee with the assistance of officials of Registry, opened all the trunks one after the another. The record was physically inspected. It will be appropriate to mention here that Original record from the High Court of Judicature at Allahabad, Lucknow Bench was received in two consignments, consisting of 8 trunks (numbered 1 to 8) & 7 trunks (numbered 1 to 7) respectively. The first consignment was received on 24.3.2014 and the second on 17.8.2017.

7. The officers and officials of the Registry have physically inspected the entire record kept in the trunks. It was found that the original documents were kept in Trunk Nos.1,2,4,5 & 6 of the first consignment. The scanned copies thereof were found placed in Trunk No.3,7 & 8 of the first consignment. In addition, 7 DVDs containing entire record in digitiz

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Judicial Analysis

2019 Supreme(SC) 685

Compliance with Supreme Court Rules, particularly regarding the translation of vernacular documents, is crucial for case readiness and the commencement of the hearing.

Judicial Analysis

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