Dear All,
Question: Can this be made applicable to Criminal cases and How.
Keep Smiling .... Hemant Agarwal
WITNESS CAN FILE DOCUMENTARY EVIDENCE ON RECORD : SC
SC says: The HC was justified in permitting the document to be taken on record at the instance of PW-3.
Or.XVI, rr. 1 "and" 1-A Code of Civil Procedure, 1908( CPC): , if read together, clearly indicate that it is open to a party to summon a witness to the Court or even may, without applying for summons, bring a witness to give evidence or to produce documents. Such document brought by the witness can be taken on record and it is not necessary that the plaintiff must have filed on record the copies of the said document earlier. In the present case, the question of filing a copy of the said document by the plaintiff could not arise in view of the fact that the document could not be in possession of the plaintiff-respondent. Respondent was simply a member of the Society, therefore, the record of completion of the construction of the flat i.e. the suit premises could only be proved by the respondent by production of documents which was only in possession with the Society, whose President came forward to give evidence and to produce the documents.
CIVIL APPEAL NO. 883 OF 2009 (Arising out of SLP)No.8412 of 2008)
Ashok Sharma v Ram Adhar Sharma ...
JUDGMENT by TARUN CHATTERJEE, J. and V.S.SIRPURKAR, J.
Date : February 11, 2009
