IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 105 of 2001 Date of decision: 14.09.2011 Amar Nath Sharma and another ... Appellants Versus Udho Ram and others … Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the appellants: Mr. N.K. Thakur and Mr. Aman Sood, Advocates. For the respondents: Mr. K.S. Banyal, Advocate, for respondent No. 1. V.K. Ahuja, J. (Oral): The present appeal has been filed by the appellants against the judgment and decree of the Court of learned District Judge, Hamirpur, dated 1.11.2000, vide which he had set aside the judgment and decree dated 15.5.1993 passed by the learned Sub Judge 1st Class(I), Hamirpur and reversed the judgment of the learned trial Court. 2. Notice of the appeal was issued to the respondents. 3. I have heard the learned counsel for the parties and have gone through the record. 1Whether reporters of Local Papers may be allowed to see the judgment? 2 4. During the course of arguments, it has been pointed out by the learned counsel for the appellants that a perusal of the impugned judgment passed by the learned Appellate Court will show that the documents Ext. P-3 to P-8, Ext. P-21 and Ext. P-25 and other documents were not considered by the learned Appellate Court observing that the documents are in Urdu and Urdu is not the language of the Court. These documents have been discussed by the learned trial Court, though Hindi copies of the documents are not attached with the case file, but the documents had been considered by the learned trial Court. In case, these documents were in Urdu and had been accepted during the trial of the case before the learned trial Court, the learned Appellate Court could not have ignored these documents and the best course which could have been adopted by the learned Appellate Court was to call the parties to place on record the Hindi copies of the documents and thereafter it should have considered the documents and then decided the appeal. Once he has ignored the material documents proved before the learned trial Court on the ground that these were in Urdu, the appeal has to be accepted and the case has to be remanded to the learned Appellate Court to re-hear the parties afresh directing the parties to place on record the Hindi copies of these documents. 5. In view of the above discussion, the appeal filed by the appellants is allowed and the judgment and decree passed by the learned Appellate Court is set aside and the case is remanded to the learned Appellate Court to re-hear the parties afresh directing the parties to place on record the Hindi copies of Urdu documents. 3 6. Parties to appear before the learned Appellate Court on 19th October, 2011. The record be sent to the Court concerned so as to reach the Court alongwith copy of the judgment before the date fixed. ( V.K. Ahuja ), September 14, 2011 Judge (BSS)