Saturday 25 September 2021

Whether a party can directly produce documents at the stage of cross-examination of a witness without leave of court?

 As to question No. 2:

 35. In fact having answered question No. 1, in the negative, that a party cannot be equated with a ‘witness’, the answer to question No. 2, naturally follows that a plain reading of the language of Order VII, Rule 14 sub-rule 4 and Order VIII, Rule 1-A sub-rule (4) of Civil Procedure Code and specifically the use of the words ‘defendants witness’ and the ‘plaintiffs witness’, would mean not the defendant(s) or the plaintiff(s) but only the witnesses who enter the witnesses box, in support of the case set up by either party to the suit and not otherwise. Therefore no leave of the Court would be required to confront the witness with a document during his cross-examination, as the element of surprise, would be lost, if any such permission was required to be obtained.

Civil Procedure Code, O. 7, R. 14(4), O. 8, R. 1-A and O. 13, R. 1(3) — Under provisions of Order 7, Rule 14(4), Order 8, Rule 1-A(4) and Order 13, Rule 3 of Code documents can be directly produced at stage of cross-examination of a witness who is not a party to suit, to confront witness for refreshing his memory without seeking prior leave of Court. (2012) 6 Mah LJ 648, (2018) 2 Mah LJ 348 held laying down good law. (1994) 1 SCC 1, Rel., 1984 Madras 14, (2003) 3 Mah LJ 327, (2004) 4 Mah LJ 992, (1996) 1 Mah LJ 961 and (2011) 3 Mah LJ 564, Ref.

(Paras 35 to 40)

 In the High Court of Bombay


(Before Sunil B. Shukre and Avinash G. Gharote, JJ.)

Mohammed Abdul Wahid  Vs Nilofer Wd/O Dr. Mohammad Abdul Salim 

W.P. Nos. 7717 and 6931 of 2019

Decided on February 9, 2021

Citation: 2021 SCC OnLine Bom 170 : (2021) 3 Mah LJ 626 : (2021) 4 AIR Bom R 689

Read full Judgment here: Click here

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