B. R. GAVAI, SANJAY KAROL
Mohammed Abdul Wahid – Appellant
Versus
Nilofer – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
Witnesses and parties to a suit, for the purpose of adducing evidence—whether documentary or oral—are on the same footing. The role and function performed by a party acting as a witness when in the witness box are the same as those of any other witness, and the law does not differentiate between them (!) (!) .
The provisions of the Civil Procedure Code and the Evidence Act do not treat a party to a suit as distinct from a witness called by such party. Both are subject to the same procedures, including examination, cross-examination, and re-examination, without any differentiation (!) (!) (!) .
The production of documents at the stage of cross-examination is permissible for both a witness and a party, provided it is for the purpose of effective cross-examination or to jog the memory of the witness. Such production does not require prior leave of the court when dealing with documents produced for cross-examination purposes (!) (!) (!) .
The law explicitly creates a distinction between the circumstances under which documents are produced for the primary case versus during cross-examination. The production of documents during cross-examination is an exception and is allowed to prevent surprise and to facilitate the search for truth (!) (!) .
The interpretation that a party cannot be treated as a witness for evidentiary procedures is incorrect. The law recognizes that a party, when testifying in their own cause, performs the same functions as any other witness, and the legal provisions apply equally to both (!) (!) .
The differentiation made by some judgments between a party to a suit and a witness is not supported by the law. The law's language and legislative intent indicate that a party can also be a witness and participate in the evidence process on equal footing (!) (!) .
The procedural rules related to the production of documents and examination of witnesses aim to ensure fair and effective cross-examination, and they do not intend to create an artificial or unwarranted distinction between parties and witnesses (!) (!) .
The overarching objective of civil proceedings is to uncover the truth through fair, impartial, and efficient procedures, which includes allowing parties to effectively confront and examine witnesses, including themselves if they choose to testify (!) (!) .
The judgment of the High Court in the referenced case is set aside, and the original petition is restored for a fresh decision on merits, consistent with the legal principles outlined above (!) (!) .
These points reflect the legal reasoning that there is no substantive difference between a party to a suit acting as a witness and an independent witness, especially concerning the production and examination of evidence.
JUDGMENT :
(Sanjay Karol, J.)
Leave Granted.
2. In adjudicating this appeal, the thought to be borne foremost in mind is that every trial is a search of truth. This purpose is succinctly captured in the following terms in American Jurisprudence, Second Edition, 2007 :
Trial is not a contest between lawyers but a presentation of facts to which the law may be applied to resolve the issues between the parties and to determine their rights. It is also not a sport; it is an inquiry into the truth, in which the general public has an interest.”
It would be useful to also refer to the objectives in framing rules for conducting civil proceedings. The Halsbury’s Law of England state the following overriding obje
Upper India Couper Paper Mills Co. Ltd. v. M/s Mangaldas and Sons
State of Bombay v. Kathi Kalu Oghad
S.P. Chengivaraya Naidu v. Jagannath
Miss T.M. Mohana v. V. Kannan, 1984 SCC Online Mad 145
Amit M. Pathakji, Sr. Manager (Mech.) & Anr v. Bhavnaben Amitkumar Pathakji
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.