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Supreme Court of India 2017-05-02 allowed

Chandreshwar Bhuthnath Devasthan vs Baboy Matiram Varenkar

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This case concerns a property dispute over land in Goa where the defendant relied on documents originally written in Portuguese. The trial court marked the Portuguese version as evidence. When a translated English version was submitted in the appellate court, both the First Appellate Court and High Court refused to accept it, holding that an application under Order 41, Rule 27, CPC was required for 'additional evidence'. The Supreme Court allowed the appeal, holding that a translation of an already-admitted original document is not 'additional evidence' and does not require such an application. The Court emphasised that justice required the translation be accepted to facilitate proper understanding of the title document."

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Civil Procedure Evidence Property Law Injunction

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