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2008 DIGILAW 576 (CAL)

Chandra Kanta Khanra v. Ambika Mondal

2008-06-10

Biswanath Somadder

body2008
JUDGMENT 1. HEARD the learned Advocates appearing on behalf of the petitioners. 2. THIS is an application under Article 227 of the Constitution of India primarily directed against an order, being Order No.35 dated 20th December, 2006 passed by the learned Civil Judge (Junior Division), 1st Court, Tamluk in Title Suit No. 8 of 2004. The learned Advocate while referring to the impugned order annexed to the application, also tried to draw my attention to certain other annexed photostat copies of documents which were in the Bengali language, in order to substantiate/buttress his submission in favour of setting aside of the order impugned. 3. AT this stage, a point was taken by this Court as to whether the Rules of this Court permit reliance on annexed documents which are in a language other than English and which have not been officially translated by the translating department of this Court. Learned Advocate appearing on behalf of the petitioners, in this regard, submits that there is no bar on annexing such documents and relying on those documents even if they are not in the English language. He submits that there is no express bar in the Appellate Side Rules of this Court in this regard. In the circumstances, this Court was constrained to look up the Appellate Side Rules of this Court in order to find out whether there was any merit in the submission of the learned Advocate appearing on behalf of the petitioners. 4. THE relevant chapter of the Appellate Side Rules is Chapter -IV relating to General Rules for applications and affidavits. The said chapter begins with Rule 1, which says as follows: - (1) Applications to the High Court shall be in the English language (Emphasis supplied). The above-quoted Rules of this Court, on a plain reading, makes it clear that English shall be the language which is to be used for the purpose of filing any application before this Court. 5. THE interesting question that now arises for consideration is, whether documents annexed to an application, if in a language other than English, could be relied on or not. 6. IN my view, a document or a photocopy thereof annexed to an application becomes a part of that application. Such a document or photocopy thereof cannot be read in isolation to the application wherein it is annexed. 6. IN my view, a document or a photocopy thereof annexed to an application becomes a part of that application. Such a document or photocopy thereof cannot be read in isolation to the application wherein it is annexed. For example, in an application filed before this Court, if a document annexed thereto is in the Hebrew language, it will not make any sense to a Judge of this Court who may not be conversant with that language. The same analogy can also be applied in the case of a document or a photocopy thereof in the Bengali language, annexed to an application filed before this Court. This is because, Judges of our High Courts are not expected to be conversant or fluent or adept in a language, other than the official language, that is permissible in the High Court, where they are sitting. Moreover, Judges of the High Courts are transferable. A Judge, upon transfer, sitting in another High Court, may not be at all familiar with the local language of that State and it will be unfair if the Hon'ble Judge is called upon to decide an application, where a document or a photocopy thereof is annexed, which is in a language alien to him. What is, therefore required, for the sake of justice, is a translation of a particular document or a photocopy thereof which is annexed to an application and such translation can only be made in the official language so as to enable the parties to refer to and rely upon the same at the time of hearing of the application. However, having said that, it can always be the discretion of a Hon'ble Judge of the High Court to allow reliance on an annexed document or a photocopy thereof, which is in a language other than English, if the Hon'ble Judge is able to comprehend and understand the true scope, purport, effect and meaning and/or the contents thereof. In this regard, it may not be out of place to refer to an amendment brought about by our High Court in respect of Rules relating to applications under Article 226 of the Constitution of India, which is under the Appellate Side Rules of our High Court. In this regard, it may not be out of place to refer to an amendment brought about by our High Court in respect of Rules relating to applications under Article 226 of the Constitution of India, which is under the Appellate Side Rules of our High Court. By the said amendment, notified on 29th September, 2000, Rule 21 (c) stood substituted by the following: - "(c) Documents in vernacular may be supplied with an official translation as and when directed by the Court." 7. HAVING regard to the above, the learned Advocate appearing on behalf of the petitioners is directed to provide official translation of the documents annexed in the present application, which are in the Bengali language and file the same by means of a supplementary affidavit before this Court within a period of a fortnight from date. 8. LET a copy of this order be transmitted forthwith to the learned Registrar General of this Court, who may place it before the appropriate Rule Committee of this Hon'ble Court to enable the said Committee to take into consideration the observations made hereinabove and take necessary decision for suitably amending the existing Rules of this Court. Later - Immediately after the order is pronounced in Court, learned Advocate appearing on behalf of the petitioners prays for liberty to withdraw the instant application and to file afresh. Such liberty is granted. The learned Advocate appearing on behalf of the petitioners is also permitted to withdraw the certified copy of the order impugned, subject to furnishing a photocopy thereof for the purpose of record. Let xerox plain copy of this order duly counter-signed by the Assistant Registrar (Court) be furnished to the learned Advocates for the parties on usual undertakings.