JUDGMENT :

A decree was passed in a suit for realization of money based on a cheque by the trial court, against which the defendant came up mainly on the ground that the court below accepted additional proof affidavit and documents produced along with it exhibited as A3, A4 and A5,without affording an opportunity of cross- examination. An additional proof affidavit was submitted after the examination of plaintiff and closing of the evidence. Along with the additional affidavit, three documents were produced, which were marked as Exts.A3 to A5. Additional affidavit and the documents marked were taken up, discussed and appreciated as piece of evidence and relied on by the trial court without affording an opportunity to cross- examine the witness or the documents thereof. Thereby, the mandate under Sections 137 and 138 of the Evidence Act has been overlooked by the trial court. The right of cross-examination of a witness on any crucial aspect and on the documents relied on is an indefeasible right. The only exception to this general rule is under Section 139 of the Evidence Act, when a person is summoned for mere production of a document and not as a witness. There shall not be any mis