Sunday, 3 November 2019

Whether carbon copy of document not signed by parties can be treated as original document?

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.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No(s). 6706/2013

MOHINDER SINGH  Vs JASWANT KAUR 

Dated:SEPTEMBER 11, 2019.


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.
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.

With these observations, the civil appeal is disposed of.
Pending applications, if any, stand disposed of.
…....................J.
[DEEPAK GUPTA]
…....................J.
[ANIRUDDHA BOSE]
NEW DELHI;
SEPTEMBER 11, 2019.

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