1. Appeal concerning the status of a signed carbon copy as an original document under Section 62 of the Evidence Act. (Para 1 )
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2019 Supreme(SC) 1419
SUPREME COURT OF INDIA
DEEPAK GUPTA, ANIRUDDHA BOSE, JJ.
Mohinder Singh – Appellant
Versus
Jaswant Kaur (D) through LRs. – Respondent
Civil Appeal No. 6706 of 2013
Decided On : 11-09-2019
Important Points
IMPORTANT POINT
Carbon copy is prepared in same process as original document and once it is signed by both parties, it assumes character of original document.
Carbon copy is prepared in same process as original document and once it is signed by both parties, it assumes character of original document.
Subject
Evidence - Original Documents
Act Referred
Headnote
Indian Evidence Act, 1872 – Section 62 – Original document – Carbon copy – Carbon copy was prepared in same process as original document and once it is signed by both parties, it assumes character of original document – Matter remitted to High Court. (Paras 1 and 2)
Facts of the case:
Present 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.
Findings of Court:
Carbon copy was prepared in the same process as original document and once it is signed by both the parties, it assumes character of original document.
Result : Appeal allowed.
Legal Category Hierarchy
-
practice and procedure
-
evidence
- original documents (Para 1)
-
evidence
Advocates:
Advocate Appeared:
For the Appellants : Mr. Amrit Pal Singh Dhaliwal, Mr. Kuldip Singh.
For the Respondents: Mr. Rajat Bhardwaj, Mr. Gaurav Kumar.
Advocate Appeared:
For the Appellants : Mr. Amrit Pal Singh Dhaliwal, Mr. Kuldip Singh.
For the Respondents: Mr. Rajat Bhardwaj, Mr. Gaurav Kumar.
Table of Contents
2. Whether a carbon copy signed by both parties constitutes an original document under Section 62 of the Evidence Act. (Para 1 )
3. A carbon copy prepared in the same process as the original and signed by both parties assumes the character of an original document. (Para 1 )
4. A carbon copy prepared in the same process as the original and signed by both parties is an original document under Section 62 of the Evidence Act. (Para 1 )
5. Appeal allowed and matter remitted to the High Court to decide on substantial questions of law and relief. (Para 2 )
6. When does a carbon copy of a document assume the character of an original document under Section 62 of the Evidence Act?
A carbon copy assumes the character of an original document if it was prepared in the same process as the original document and is signed by both parties. (Para 1 )
ORDER :
1. 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 questions of law arises and the appellant before us is entitled to any relief or not. With these observations, the civil appeal is disposed of. Pending applications, if any, stand disposed of.
