Calling of documents during cross examination

Harsh Agrawal (Querist) 12 February 2016 This query is : Resolved
In a Civil Suit for recovery can the counsel for the plaintiff ask the defendant to bring on record additional documents during cross examination at the stage of DE. Can the courts direct the defendant to produce such document after the stage of framing of issues has passed?

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Devajyoti Barman (Expert) 12 February 2016
The defendant can not be forced to bring sch document. If the defendant fails to produce document asked by the plaintiff is relevant to the merit of the suit the court may take adverse presumption.

Harsh Agrawal (Querist) 13 February 2016
Thank you sir for your reply. Isn't there a provision under the CPC barring the calling of additional documents after the issues are framed. Order 7 Rule 18 was there but it has been repealed now. Is there any other provision whereby we can take an objection that such calling of documents is against the law.

Rajendra K Goyal (Expert) 13 February 2016
Well advised, agree with the expert Devajyoti Barman.

J K Agrawal (Expert) 14 February 2016
you can give notice under order 11 Rule 12 to him to produce documents.
The court it self or upon application can summon up any document under order 11 Rule 14.

The same is also possible under order 12 Rule 8 of CPC.

If one to not produce evidence it may be taken adverse to him by the court at the time of judgment.

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