If bringing on record a document is essential for proving the case by a party, ordinarily the same should not be refused; the Court's duty being to find out the truth. The procedural mechanics necessary to arrive at a just decision must be encouraged. We are not unmindful of the fact that the court in the said process would not encourage any fishing enquiry. It would also not assist a party in procuring a document which he should have himself filed.
13. There cannot furthermore be any doubt that by calling for such documents, the Court shall not bring about a situation whereby a criminal proceeding would remain stayed as it is a well settled principle of law that where a Civil proceeding as also a Criminal proceeding is pending, the latter shall get primacy.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 2243 of 2009 (Arising out of SLP (C) No. 5026 of 2007)
Decided On: 08.04.2009
Lakshmi Vs. Chinnammal and Ors.
Hon'ble Judges/Coram:
S.B. Sinha and Mukundakam Sharma, JJ.
