Document Admitted Or Denied By Witness During Cross Examination Cannot Be Returned, Has To Be Necessarily Placed On Court File

Case: Bhag Singh Gambhir And Ors V. Rama Arora

Coram: Justice Mini Pushkarna

Case No.: CS(OS) 132/2017

Court Observation: “Thus, the envelopes sought to be placed on record are not in the nature of a new development or happening. In view thereof, no prejudice would be caused to the defendant, if the aforesaid documents are allowed to be placed on record for cross-examination of DW1. Further, as pointed out by the counsel for the plaintiffs, these documents go to the root of the issue between the parties as the defendant deliberately did not receive the speed post of notices and letter issued on behalf of the plaintiffs,”

“In view of the provisions of CPC, a document can be produced/ shown for the first time during cross-examination. If the document produced during cross-examination of a witness is admitted or denied by the said witness, in either case the document cannot be returned and has to be necessarily placed on the Court file.”

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