Mr. Ganga Singh Negi vs Vinay Mishra And Others
2021 Latest Caselaw 4463 UK

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                   WPMS No. 2333 of 2021



Anil Singh Rawat
                                           ..................Petitioner

                     Mr. Ganga Singh Negi, Adv. for the petitioner


                          -versus-

Vinay Mishra and others
                                                .........Respondents



Sri S.K.Mishra, J.

Judgment 09.11.2021

1. Heard learned counsel for the petitioner.

2. The petitioner being the defendant in Civil Suit No. 08 of 2020. After appearance in the Trial Court, he prayed for supply of a translated copy of the plaint. It is not disputed that plaint has been filed in the English language and he wanted a vernacular translation of the same.

3. In the meantime, time for filing written statement was over. It is also not disputed that the defendant has engaged an Advocate, who is proficient in English. If at all the defendant is to understand the language depicted or described in the plaint and he can always take the help of his counsel for translation. The frivolous grounds have been taken by the defendant. However, keeping in view the interest of justice the writ petition is disposed of by giving liberty to the petitioner to file his written statement either in English or in Hindi within a period of 21 days from today and on such an event his application shall be considered after giving reasonable opportunity of hearing to the plaintiff and if at all the District Judge, Pauri Garhwal accepts the written statement filed by the petitioner, then he will direct payment for the costs of Rs. 1,000/- by the defendant to the plaintiff.

4. Petition stands disposed of. There shall be no order as to costs. Urgent certified copy of this order be granted on proper application as per Rules.

(S.K.Mishra) Judge A/-