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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE
Jijabhau Dyaneshwar Temgire – Appellant
Versus
Gangaram Khandu Temgire – Respondent
| Table of Content |
|---|
| 1. trial court rejected defendant's application for document production in cross-examination (Para 1 , 9 , 10) |
| 2. receipts relate to pleaded payments; permissible under mohammed wahid (Para 2 , 3 , 4) |
| 3. amended cpc requires prior document production; limits cross-examination confrontation (Para 5 , 6 , 7 , 8) |
| 4. parties equated to witnesses; documents not foreign to pleadings allowed (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. laxmikant outdated post-2002 cpc amendments (Para 17) |
| 6. cpc orders vii, viii, xiii exempt cross-exam documents (Para 18 , 19 , 20 , 21) |
| 7. section 145 enables contradiction by relevant prior statements (Para 22 , 23) |
| 8. defendant's receipts relevant; production for cross-exam permitted (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 9. impugned order quashed; permit receipts in cross-examination (Para 32) |
JUDGMENT :
GAURI GODSE, J.
Basic Facts:
1. This petition is filed by defendant no. 1 to challenge the order passed by the trial court rejecting his application to produce documents to confront plaintiff no. 1 during his cross-examination. Respondent nos. 1 to 3 are the original plaintiffs who filed the suit for the cancellation of three sale deeds dated 3rd Apr
Documents pleaded but not produced with written statement can be introduced during cross-examination of plaintiff's witness without leave if relevant for contradiction and not foreign to pleadings, p....
A party to a suit cannot be equated with a witness.
A party cannot introduce documents for cross-examination without prior pleading, and electronic evidence must meet admissibility criteria under Section 65B of the Evidence Act.
A person summoned to produce a document under Sec. 65-B of the Evidence Act does not become a witness and cannot be cross examined unless and until called as a witness.
Point of Law – Civil Suit – Delay of 20 months in cross examination of Defendants - recalling its witness - Court should permit only those documents with which witness is concerned; and it relates to....
The court affirmed that missing documents may be submitted at later stages in trials to avoid undue delays, emphasizing rights of the accused are safeguarded by allowing challenges to evidentiary val....
The court upheld the denial of video evidence in cross-examination due to non-compliance with disclosure rules and failure to provide an authenticity certificate as required under Section 65B of the ....
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