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Production of document by branch manager

Querist : Anonymous (Querist) 06 December 2023 This query is : Resolved 
hello guys
got an interesting query,
The court summoned the branch manager to produce documents. now when the time of chief /cross examination came the branch manager got transferred. now the new manager came for chief/cross examination. the opposite party is putting objection and asking the old manager to come.
how can i object this action?
the bank is not party to the suit. it was just to produce documents of property
Sudhir Kumar, Advocate (Expert) 06 December 2023
full facts of the circumstances under which manager was summoned (official/personal capacity).

whether any interest of you will suffer by appearance of old manager/
T. Kalaiselvan, Advocate (Expert) 06 December 2023
You can strongly object to the stand taken by the opposite party especially when the bank is not a party to the suit except taht the bank was summoned only to produce the documents and authenticate the same before court for the purpose of this case.
The court will certainly record your objection
kavksatyanarayana (Expert) 06 December 2023
In my view the court summoned the Branch Manager but not by name. So the Branch Manager whoever may be as on the date of attendance to the court can attend.
Querist : Anonymous (Querist) 06 December 2023
thank you for the reply
certainly we can object this situation. but is there any way i prove that this will cause prejudice to my party
is there any provision which specifies that the person was acting in official capacity and not in personal capacity.
T. Kalaiselvan, Advocate (Expert) 07 December 2023
The bank manager is not having any personal interest in the ongoing case hence there is no need to prove that the bank manager is attending the court in his official capacity.
Advocate Bhartesh goyal (Expert) 07 December 2023
Since court has summoned the bank to produce documents so any authorized person/officer of bank can submit focuments and adduced his staement if required.
P. Venu (Expert) 07 December 2023
In view, provisions of Section 139 of the Evidence apply to the facts as posted -

"139. Cross–examination of person called to produce a document

A person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross examined unless and until he is called as a witness.

As such, the very issue of cross-examination is misconceived.

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