summoning govt dept to bring records
kanti kumar
(Querist) 21 February 2010
This query is : Resolved
Hello,
I just have a query that can a primary document be brought to court by respective public department if an application is moved for the same, can it be done at the stage of cross examination of the witness where the secondary document being confronted on which witness sign appears and he is denying the document under which section we can do that
thank you.
Parveen Kr. Aggarwal
(Expert) 21 February 2010
Order 13, Rule 10 of the Code of Civil Procedure, 1908:
"Court may send for papers from its own records or from other Courts:- (1) The Court may of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, either from its own records or from any other suit or proceedings, and inspect the same.
(2) Every application made under this rule (unless the Court otherwise directs) be supported by an affidavit showing how the record is material to the suit in which the application is made, and that the applicant cannot without unreasonable delay or expense obtain a duly authenticated copy of the record or of such portion thereof as the applicant requires, or that the production of the original is necessary for the purposes of justice.
(3) Nothing contained in this rule shall be deemed to enable the Court to use in evidence any document which under the law of evidence would be inadmissible in the suit."
Order 16, Rules 6 and 7 of the Code of Civil Procedure, 1908:
"6. Summons to produce document: Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same."
"7. Power to require persons present in Court to give evidence or produce document: Any person present in Court may be required by the Court to give evidence or to produce any document then and there in his possession or power."
N RAMESH.
(Expert) 22 February 2010
Only after completion of examination of the witness in the box and by summoning the authority, in whose possession the public document is, to produce the document under order 16 Rule 6 of CPC.
