Rajiv Sahai Endlaw, J.:-

1. This petition raises questions of general importance, arising frequently in trials. The questions can be framed thus:-

(i) What is the challenge/fate of the documents produced for the first time during the cross examination of a witness and which are denied by the witness? Whether the said documents are required to be retained/kept on the court file or merely because the witness has denied the document, the same has to be returned to the party which has produced the same?

(ii) If the said documents are to be kept on record/retained, what is the status thereof?

(iii) Whether a party producing the said document can prove the same at the stage of his own evidence or for the reason of having not produced it along with its plaint/written statement and having chosen to use it only during cross examination, is then barred from treating the document as own document and proving the same? Since I am unable to find any judgment completely considering the aspects and further since in my opinion these questions plague the courts on a daily basis, it is deemed appropriate to answer the same.

2. This petition under Article 227 of the Constitution of India is preferred by th

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