Back
2006 Supreme(Bom) 1328
IN THE HIGH COURT OF BOMBAY
(O.S.)
Vazifdar S.J., J.
Indian Overseas Bank ... Plaintiff
Versus
Trioka Textile Industries & Ors. ..Defendants.
Suit No. 492 of 1983,
decided on 258-2006
Advocates appeared:
Parag Patil i/b. Thakordar & Madgaonkar, for plaintiff.
None for defendants.
Subject
Evidence - Secondary Evidence
Act Referred
LETTERS PATENT : Cl.12
Headnote
2. A Chamber Summons seeking leave to lead secondary evidence is not necessary. The proceeding is in fact misconceived. A party desiring to lead secondary evidence must do so before the Judge recording the evidence. It is the Judge recording evidence who must decide, if any objection as raised, whether or not to admit the secondary evidence in evidence. If evidence is lead before a Commissioner the objection to secondary evidence naturally can only be recorded al1.d not decided by the Commissioner. It is then the Judge hearing the suit who decides the objection.
3. An independent application by way of a Chamber Summons or Notice of Motion is neither required nor desirable. It is always open for the party to lead secondary evidence before the Judge recording the evidence/ hearing the matter without taking out such an application.
4. Accordingly the hearing of the suit need not await the disposal of the Chamber Summons. S.O. to 31-8-2006 for hearing.
Order accordingly.
