Document can not be produced for cross examination of party
Therefore, on careful reading of the said provisions, would make
it abundantly clear that the documents other than the documents as
contemplated under Sub Rule (1), the said production can be allowed
for cross examination of the witnesses of the other party. On plain
reading of the said provision, it is abundantly clear that such
production of documents which is at later stage of the proceeding and
not prior to the framing of the issues, can be produced in the cross
examination of the witnesses of other party but the said Rule does not
contemplate that such document can be produced for the cross
examination of the party. As rightly contended by the counsel
appearing for the petitioner, this Court in writ petition No. 869 of 1997,
relying upon the judgment of the Jammu and Kashmir High Court in
the case of Union of India (supra) has taken a view that there is
distinction in the term witness and a party to the suit. The party to the
suit cannot be equated with the witness and cannot be confronted with
a document by casting surprise upon him, particularly when the
documents were not filed by the plaintiff alongwith the list of
documents on which he is going to rely upon.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 5519 OF 2011
Purushottam s/o Shankar Ghodgaonkar,
https://www.lawweb.in/2012/12/document-can-not-be-produced-for-cross.html
