ORDER :

AVINASH G. GHAROTE, J.

1. The learned Single Judge of this Court, noticing a difference of view in two judgments of learned Single Judges of this Court, one being Vinayak M. Dessai Vs. Ulhas N. Naik and others, 2018 (2) Mh.L.J. 348 and the other being Purushottam s/o Shankar Ghodgaonkar Vs. Gajanan s/o Shankar Ghodgaonkar and others 2012 (6) Mh.L.J. 648, had framed the following questions, which have been referred to the Division Bench for an answer :-

(1) Whether a party to a suit i.e. plaintiff/or defendant is also a witness and the provisions of Order VII Rule 14, Order VIII Rule 1-A (4) (a) and Order XIII Rule 1 (3) (a) of the CPC need to be interpreted and applied by equating “party” with a “witness” ?

(2) Whether documents can be directly produced at the stage of cross-examination of a party and/or a witness to confront him/her without seeking any prior leave of the Court under Order VII Rule 14 (4), Order VIII Rules 1 (A) (4) (a) and Order XIII Rule 1 (3) (a) of the Civil Procedure Code ?

(3) Whether the observations made in the judgment in the cases of Purushottam s/o Shankar Ghodegaonkar (supra) and Vinayak M. Dessai (supra), to the effect that permitting production of