Translated Versions Of Already Exhibited Documents Do Not Constitute Additional Evidence: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that translated versions of already exhibited documents are not additional evidence and the courts must prioritize justice over procedural technicalities.Justice Ajay Mohan Goel remarked that: “...by no stretch of imagination it was an application to lead additional evidence. Interest of justice would have been served had the learned Appellate Court allowed the application... Failure on the part of the learned Appellate Court to do so renders the impugned order bad in law.”The petitioners approached the High Court challenging the order of Additional District Judge who dismissed the the petitioners application filed under Section 151 of the Civil Procedure Code. The petitioner sought permission to prove the Hindi translation of four Urdu documents as the person who originally translated them passed away.The petitioners contended that the Appellate Court misinterpreted the application as one for bringing additional evidence on record. However, the respondents contended that the petitioner's late request to prove translations was an attempt to fill the evidentiary gap after losing the case at trial.The Court held that the Appellate Court erred in not appreciating that the prayer simply was to produce on record the translated copies of the documents which already stood exhibited.Referring to the Supreme Court's decision in Chandreshwar Bhuthnath Devasthan v. Baboy Matiram Varenkar (2018), in which the court ruled that “providing a translation of an already exhibited document does not amount to adducing additional evidence”Thus, the Court allowed the petition and Appellate Court to take the translated copies on record. Case Name: Smt. Amar Kaur and other v/s Sh. Rishib KumarCase No.: CMPMO No.356 of 2023Date of Decision: 23.09.2025For the Petitioners: Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, AdvocateFor the Respondent: Mr. Lovneesh Kanwar, Senior Advocate, with Mr. Tek Chand, AdvocateClick Here To Read/Download Order

Translated Versions Of Already Exhibited Documents Do Not Constitute Additional Evidence: Himachal Pradesh High Court

Mehak Aggarwal

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