Whether carbon copy of document 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.

Print Page