Filing of translated copies of already exhibited documents does not amount to additional evidence
Himachal Pradesh High Court Overturns Appellate Court's Dismissal of Application for Translation of Documents. Justice Ajay Mohan Goel emphasizes the importance of accurate translations in ensuring justice, allowing petitioners to submit translated documents without additional evidence application.
In a pivotal judgment passed on September 23, 2025, the Himachal Pradesh High Court, led by Justice Ajay Mohan Goel, annulled an earlier decision by the Additional District Judge, Sarkaghat, District Mandi, which had dismissed an application seeking to prove Hindi translations of documents already exhibited in court. The case titled Smt. Amar Kaur v. Sh. Rishib Kumar spotlighted the procedural intricacies surrounding the filing of translated documents in civil litigation.
The petitioners, Smt. Amar Kaur and others, represented by Senior Advocate Mr. G.D. Verma, argued that the Hindi translations of the Urdu documents, crucial for their case, were marked but not exhibited due to the untimely death of the translator. They contended that the appellate court's dismissal was unjustified as it misconstrued their application as an attempt to introduce additional evidence rather than merely ensuring the consideration of translations for a fair adjudication.
Justice Goel, referencing the Supreme Court's decision in Chandreshwar Bhuthnath Devasthan v. Baboy Matiram Varenkar, highlighted that translated copies of already exhibited documents do not constitute additional evidence. He underscored that the court's duty is to ensure the accuracy of translations and to allow their consideration to uphold justice. The Supreme Court judgment had previously established that when a document is already on record, its translated version can be filed without necessitating an application under Order XLI, Rule 27 of the Civil Procedure Code (CPC).
The appellate court's reasoning was deemed flawed as it focused on procedural duration rather than the intent behind the application, which was merely to produce translated versions on record. Justice Goel directed the appellate court to accept the translated documents, ensuring their accuracy by allowing both parties to agree on a correct translation or alternatively, to utilize an official court translator.
This judgment is expected to streamline the procedural handling of translations in civil cases, reinforcing the principle that justice should not be hindered by linguistic barriers. Parties involved are slated to appear before the appellate court on October 14, 2025, with an emphasis on expedited resolution, ideally by March 31, 2026.
Bottom Line:
Translation of documents - Filing of translated copies of already exhibited documents does not amount to adducing additional evidence; the court must ensure the accuracy of the translation and allow its consideration in the interest of justice.
Statutory provision(s): Civil Procedure Code, 1908 Section 151, Order XLI Rule 27, Order XVIII Rule 17
Smt. Amar Kaur v. Sh. Rishib Kumar, (Himachal Pradesh) : Law Finder Doc Id # 2782783
