Case Note & Summary
The petitioner, M/s Golden Heritage Pvt. Ltd., filed a writ petition challenging an order of the Civil Judge Senior Division, Mapusa, which overruled its objections to taking on record a document marked as C-59 colly, which included a sale deed dated 10.05.1928 in Portuguese and its English translation. The petitioner had no objection to the production of the certified copy of the sale deed but strongly opposed the translation, claiming it was incorrect. The High Court, after hearing the petitioner's counsel, observed that the trial court had exhibited both the original and the translation without first adjudicating the objection regarding the translation's correctness. The court held that the translation must be verified before being marked as an exhibit. Accordingly, the impugned order was quashed and set aside, and the trial court was directed to decide the objection regarding the translation first and then proceed to mark the document. The writ petition was disposed of with no order as to costs.
Headnote
A) Civil Procedure - Documentary Evidence - Translation of Foreign Language Document - Objection to Translation - The trial court overruled the petitioner's objection to taking on record the translation of a Portuguese sale deed (C-59 colly) and exhibited it along with the original. The High Court held that the translation must be verified for correctness before being marked as an exhibit, especially when its accuracy is disputed. The court directed the trial judge to first decide the objection regarding the translation and then proceed to mark the document. (Paras 2-4)
Issue of Consideration
Whether a trial court can mark as exhibit a disputed translation of a document in a foreign language without first adjudicating the objection to its correctness.
Final Decision
The impugned order is quashed and set aside. The trial court is directed to decide the objection regarding the translation first and then proceed to mark the document. The writ petition is disposed of with no order as to costs.
Law Points
- Documentary evidence
- translation of foreign language document
- marking of exhibits
- objection to translation
- Civil Procedure Code Order 13 Rule 3
Case Details
2013 LawText (BOM) (06) 88
WRIT PETITION NO. 119 OF 2013
Mr. A. F. Diniz for the petitioner
M/s Golden Heritage Pvt. Ltd.
Miss Milagrina D'Souza & Ors.
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Nature of Litigation
Civil writ petition challenging an order of the Civil Judge Senior Division overruling objections to taking on record a document (C-59 colly) including a translation of a Portuguese sale deed.
Remedy Sought
Petitioner sought quashing of the trial court's order and direction to decide the objection regarding the translation before marking it as an exhibit.
Filing Reason
The trial court overruled the petitioner's objection to taking on record the translation of a Portuguese sale deed and exhibited it along with the original, despite the petitioner disputing the correctness of the translation.
Previous Decisions
The Civil Judge Senior Division, Mapusa, overruled the petitioner's objections to taking on record the document C-59 colly.
Issues
Whether the trial court can mark as exhibit a disputed translation of a document in a foreign language without first adjudicating the objection to its correctness.
Submissions/Arguments
Petitioner's counsel argued that the trial court exhibited the translation of the Portuguese sale deed despite the petitioner disputing its correctness, and that the translation must be verified before being marked as an exhibit.
Ratio Decidendi
A translation of a document in a foreign language must be verified for correctness before being marked as an exhibit, especially when its accuracy is disputed by the opposite party. The trial court cannot overrule an objection to the translation without first adjudicating the correctness of the translation.
Judgment Excerpts
The main contention of Mr. Diniz, learned counsel appearing for the petitioner is that though the learned Judge while taking on record the main document which is a sale deed has also exhibited the alleged translation of the said document which translation is disputed by the petitioner.
In my view, the translation has to be verified before it is marked as an exhibit. The learned Judge ought to have first decided the objection regarding the translation and then proceeded to mark the document.
Procedural History
The petitioner filed objections to taking on record document C-59 colly (a Portuguese sale deed and its English translation) in a civil suit before the Civil Judge Senior Division, Mapusa. The trial court overruled the objections and exhibited the document. The petitioner then filed the present writ petition challenging that order.
Acts & Sections
- Code of Civil Procedure, 1908: Order 13 Rule 3
