Partition
basavaraj shiromani
(Querist) 28 March 2012
This query is : Resolved
Ia a partition suit, defendant produced certain documents. During the course of cross examination of the Plaintiff, the defendant wants to confront the documents filed by the defendants. My question whether the plaintiff can be confronted any of the documents produced on behalf of defendants in his cross examination by the defendant ? some of the rulings says that defendant's documents cannot be used to confront in cross examination of the plaintiff.
SAINATH DEVALLA
(Expert) 28 March 2012
Dear Basavaraj,
Your query is a bit confusing.Just go through the second line and explain.
M.Sheik Mohammed Ali
(Expert) 28 March 2012
yes, the defendant can produced any fact related documents on before judge at time of cross examination.
R.K Nanda
(Expert) 28 March 2012
Query confusing.
Advocate Bhartesh goyal
(Expert) 28 March 2012
The Indian Evidence Act,1872
159. Refreshing memory. -
A witness may, while under examination refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.
The witness may also refer to any such writing made by any other person and read by the witness within time aforesaid, if when he read it he knew it to be correct
When witness may use copy of document to refresh his memory -
Whenever a witness may refresh his ness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document.
Provided the Court be satisfied that there is sufficient reason for the non-production of the original.
An expert may refresh his memory by reference to professional treatises.
Sankaranarayanan
(Expert) 28 March 2012
If the documents submitted by plaintiff. Then the court must come to conclusion withe deep mind to verify the records. So court can have power
