Monday, 17 February 2020

Whether it is necessary for a person to remain present before if he is directed to produce any document?

(b) Production from a Third Party:

30. Order 16 deals with the summoning and attendance of witnesses. Rule 6 concerns summons to produce a document. Any person may be summoned to produce a document, without being summoned to give evidence. And any person summoned merely to produce a document shall be deemed to have complied with the summons if he gets the document produced instead of his attending personally to produce it.

31. Rule 15 of Order 16 deals with the duty of persons summoned to give evidence or produce a document. The person summoned to give evidence must appear before the court "for that purpose." But if he is summoned to produce a document, he may either "attend to produce it, or cause it to be produced, at such time and place." Therefore, a witness who is asked to produce a document need not even attend the court. It will suffice if he ensures the production of the document before the court by some other means or through someone else.


Writ Petition Nos. 5016 and 5017 of 2018

Decided On: 28.06.2019

 J.M. Constructions Vs.  Shamrock Impex Pvt. Ltd. 

Hon'ble Judges/Coram:
Dama Seshadri Naidu, J.

Citation: 2020(1) MHLJ 684.
Read full judgment here: Click here
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