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2017 Supreme(Bom) 1481

NUTAN D.SARDESSAI
Vinayak M. Dessai – Appellant
Versus
Ulhas N. Naik – Respondent


Advocates Appeared:
For the Appellant :Joaquim Godinho, Advocate.
For the Respondents:D.J. Pangam, Advocate.

JUDGMENT :

1. This Petition takes exception to the order dated 28.09.2016 passed by learned Civil Judge, Junior Division, at Panaji, pursuant to which she allowed the production of the document at the instance of the Defendant to confront the Plaintiff in the course of his cross examination by overruling the objections raised by the Plaintiff that such course of action was not permissible in law.

2. Heard Shri J. Godinho, learned Advocate for the Petitioner who raised a poser whether the Defendant could be allowed to produce documents in the course of the cross examination of the Plaintiff. In that context, he referred to Order XIII Rule 1(3)(a) of the Civil Procedure Code which reads thus:

“1. Original documents to be produced at or before the settlement of issues.-

...

(3) Nothing in sub-rule (1) shall apply to documents –

(a) produced for the cross examination of the witnesses of the other party;

Order XIII of the Civil Procedure Code mandates the parties or their pleader to produce on or before the settlement of issues, all the documentary evidence in original where the copies thereof have been filed along with the plaint or written statement. He next referred to Order VII Rule 14 of




























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