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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY, J
In The Goods Of Kanhaiyalal Sikhwal – Appellant
Versus
In The Goods Of Savitri Devi Sikhwal (Dec) – Respondent
JUDGMENT :
BISWAROOP CHOWDHURY, J.
The Court: A question of law was raised by the Learned Advocates for the parties as to the statutory requirement to disclose a document before the same being relied in evidence.
Learned Advocate representing the defendant in T.S. 7/2005 and plaintiff in T.S. 8 of 2005 submits that it is not necessary to disclose the document prior to being relied and Learned Advocate representing plaintiff in T.S. 7/2005 and Defendant in T.S. 8/2005 submits that the document ought to have been disclosed.
Learned Advocate for the Defendant in T.S. 7/2005 submits that witness is not the defendant or plaintiff and is deposing without being summoned thus document need not be disclosed. Learned Advocate further submits that disclosure is required to be done by the parties and not by the witnesses. Learned Advocate also submits that when any party is deposing rules are to be followed and it is not applicable to witnesses. Learned Advocate relies upon the provisions contained in chapter XIV of High Court Rules and Order XVI Rule 1 Sub-Rule 3 CPC and the decision of the Hon’ble Supreme Court in the case of Vidh yadhar Vs. Manikrao and Anr reported in 1999 (3) SCC P-573.
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The Court clarified that parties and witnesses are subject to similar disclosure requirements regarding document production in civil procedures.
(1) Witnesses and parties to a suit, for the purposes of adducing evidence, either documentary or oral are on same footing.(2) Production of documents for both a party to suit and a witness as the ca....
A party to a suit cannot be equated with a witness.
Parties in a civil suit can be summoned as witnesses under the CPC, but compelling testimony without sufficient cause violates procedural norms.
A party to a suit can call another party as a witness under specific circumstances, but must provide a valid justification for doing so according to procedural rules.
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....
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 ....
A party to a suit cannot compel the opponent to testify on their behalf as a matter of right; the trial court has discretion to allow such summons based on the necessity and context of the case.
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