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
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.
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.
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