Whether document produced during cross examination denied by witness can be retained in court record

Order 7 Rule 14(4), Order 8 Rule 1 (A) (4), as well as Order 13 Rule 1(3)
provide that the provisions requiring parties to file documents along with their
pleadings and/or before the settlement of issues do not apply to documents
produced for the cross examination of the witnesses of the other party. To the same effect, Section 145 of the Evidence Act also permits documents to be put to the witnesses, though it does not provide whether such documents should be already on the court record or can be produced /shown for the first time.

However, in view of the unambiguous provisions of the CPC, it cannot be held that the document cannot be produced/shown for the first time during cross
examination. If the witness to whom the said document is put, identifies his
handwriting / signature or any writing / signatures of any other person on the said
document or otherwise admits the said documents, the same poses no problem, because then the document stands admitted into evidence. However, the question arises as to what is the course to be followed if the witness denies the said document.
Is the document to be kept on the court file or to be returned to the
party producing the same? This question also in my view is also not difficult to answer. *It cannot possibly be said that the document should be returned to the party. If the document is so returned it will not be possible for the court to at a subsequent stage consider as to what was the document put and what was denied by the witness. In a given case, it is possible that the answer of the witness on being confronted with the document may not be unambiguous. It may still be open to the court to consider whether on the basis of the said answer of the witness, the document stands admitted or proved or not and/or what is the effect to be given to the said answer. Thus, the document cannot be returned and has to be necessarily placed on the court file.*

*IN THE HIGH COURT OF DELHI AT NEW DELHI*

CM(M) No.171/2009
Date of decision: 25th November, 2009

*SUBASH CHANDER*
Vs
*SHRI BHAGWAN YADAV*

CORAM :-
*HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW*

Dated;25th November, 2009

Key words

#markingofdocument
#crossexamination
#cross
#mod