Upgrad LLM

o.7,r.14(4) and o.8,r 1a(4) cpc


Both O.7,R.14(4) and O.8,R1A(4) CPC reads, "Nothing in this rule shall apply to documents produced for the cross examination of the "Plaintiff witnesses" or handed over to a witness merely to refresh his memory.

Q1. Whether the use of the word "Plaintiff witnesses" in order 7 is an error? Should it have been Defendants witnesses?

The doubt has arisen because O7 deals with production of documents by plaintiff whereas O8 deals with production of documents by Defendant.

Q.2. The 2nd part of the above section which talks about refreshing memory talks about only Witness and does not state Plaintiffs witness. Therefore do one understand that 2nd part is applicable to both Plaintiff and Defendants witnesses?

Q.3 What is the significance of sub rule 14(4) in O7 and sub rule 1A(4) in O.8?

From literal interpretation, probably it means that documents which are not entered in the list & produced and delivered with the plaint or written statement respectively, can be produced without the leave of the court for the purpose of cross examination of plaintiffs witness or refreshing the memory of the witness.

Q.4. It that be so, what happens to the document produced at the time of cross examination of the plaintiffs witness? Will it be exhibited as an admissable evidence, if the plaintiffs witness admits the same? And if the plaintiffs witness does not admit the same, What happens to such a document?

 

 
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Advocate

Sir please read Salem bar association case 4 above matter where supreme court held that the word plaintiff's witness is a mistake.

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Thanks Anish I had read the said judgement I had missed out on that point. I think your answer was with reference to  Question 1. With your clarification Q2 also would be resolved. Can you throw more light on Q 3 & Q4?

 
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Advocate Chennai. Formerly Civil Judge. Mobile.09444261613

For Q3 & 4


Yes. No leave is necessary for the documents which are produced, for cross examination  or refreshing memory. In the first case, only if the witness accepts the document, it will be marked as exhibit. If the witness refuse to acknowledge or denies its validity then the document produced for cross examination can not accepted as exhibit.

In the second case, the document produced for refreshing memory will not be marked as exhibit nor will be treated as part of record.

Hence the exceptions.


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Thanks you sir,

In the above case Q3 & Q4 - Can the defendant prove the document thereafter through his defense witness?

In a case a prosecution witness was cross examined with a photograph.  The witness identified the said photograph as that of suit property. Does it not amount to proving the document? However the witness stated he does not know when the photograph was taken, how it was taken and by whom it was taken.

 
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Advocate Chennai. Formerly Civil Judge. Mobile.09444261613

//Can the defendant prove the document thereafter through his defense witness?//

Yes. If the said document was not filed alon with written statement, then it can be filed with a petition seeking leave of the court(setting out the reasons why it was not filed earlier).

//In a case a prosecution witness was cross examined with a photograph.  The witness identified the said photograph as that of suit property. Does it not amount to proving the document? However the witness stated he does not know when the photograph was taken, how it was taken and by whom it was taken//

Yes. The document need no further proof as the fact contained in the document was admitted.

If the fact to be proved is not the date and time of photograph or how and by whom but the point pertains only with reagrd to identification of suit property, then the photograph can be marked as exhibit as it was admitted by the witness in the box. No further proof is required.

Even a photocopy of a document can be marked as exhibit if the witness admit the same. Here the question of non-production of primary evidence does not arise.



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Dear Mr. N Ramesh,


We have faced a situation in a civil case where the defendant's document that was questioned about in the cross-examination that was not marked as an exhibit initially and was marked as an article. The questions were in these lines


1. Was this the document that you received along with......

2. Can you tell me what is the document that you produced and mentioned in your affidivit called as?

The advocate for the defendant stated that since the document has been questioned about, they may be marked as exhibits.  The plaintiff's advocate mentioned that the was trying to verify the contents of the affidivit and not the document (which probably is an incorrect statement). The ruling was given in favor of the plaintiff based on the reason of the advocate was trying to question the contents of the affidivit and not the document.

Please provide me with your opinion on this and how can these documents be exhibited. Is there any law or act or citation or order that will support the documents be exhibited?

I appreciate all your help

-Nikitin

 
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Sir its all very usefull,

can a defendants' counsel examined as a plaintiff's side witness to prove the compromise proposal between the cousels of both side

 
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business

I want to know more details about the Salem Bar Associuation Case.So please tell me where can i get the complete details adout that case?

 
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