Carbon Copy prepared in same process as original document can be termed as original document.

Supreme Court of India

Before : Deepak Gupta and Aniruddha Bose,JJ.

Civil Appeal No. 6706 of 2013. D/d. 11.09.2019

Mohinder Singh – Appellants

Versus

Jaswant Kaur (D) Thr. Lrs. – Respondents

For the Appellants : – Amrit Pal Singh Dhaliwal, Kuldeep Singh, Advocates.

For the Respondents : Rajat Bhardwaj, Gaurav Kumar, Advocates.

Important

Carbon Copy prepared in same process as original document can be termed as original document.

Evidence Act, 1872, Section 62 – Carbon Copy – Evidentiary value – Carbon Copy prepared in same process as original document and signed by both parties – Assumes character of original document.

Order

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 is signed by both the parties cannot be termed as an original document under Section 62 of the Evidence Act. The finding of High Court is absolutely incorrect and against the provision of Section 62 of the 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.

3. With these observations, the civil appeal is disposed of. Pending applications, if any, stand disposed of.