Document Presented During Cross Examination Must Be Placed On Judicial File: Delhi HC
D.D:08-07-2022
Delhi High Court has ruled that if a document produced during cross-examination of a witness is admitted or denied by the witness, it cannot be returned and must be placed in the court file.
Justice Mini Pushkarna was reviewing a motion filed by the plaintiffs in the civil suit under Section 151 of the Code of Civil Procedure for permission to file additional documents.
During the recording of the testimony of the defendant’s witness, the plaintiffs presented the “returned envelope” in front of the witness to verify those addresses, according to the plaintiffs’ argument. However, the Local Commissioner refused to acknowledge or record these envelopes.
Thus, the plaintiffs petitioned the High Court for permission to record “returned envelopes” that they had received with return remarks.
It was argued that the ‘returned envelopes’ were not a new or unexpected document because they pertained to letters or express mail receipts that were already part of the court record. Thus, it was requested on behalf of the plaintiffs that these additional documents be admitted into evidence.
Noting that the speed post receipts related to the ‘returned envelopes’ were already part of the Court’s record, the Court stated that the ‘returned envelopes’ could not be considered new documents, as other related documents were already on file.”
Thus, the envelopes sought to be recorded do not represent a new development or occurrence. In light of this, there would be no prejudice to the defendant if the aforementioned documents were admitted for cross-examination of DW1. In addition, as pointed out by the plaintiffs’ counsel, these documents go to the heart of the dispute between the parties, as the defendant intentionally did not receive the notices and letter sent by the plaintiffs via express mail “court stated.
It added to “In accordance with CPC provisions, a document may be introduced/displayed for the first time during cross-examination. If the document produced during cross-examination of a witness is either admitted or denied, the document cannot be returned and must be placed in the court file.”
Due to the fact that the envelopes in question were presented to the defendant’s witness during the course of testimony, the court granted the application and the “returned envelopes” were entered into evidence.
BHAG SINGH GAMBHIR AND ORS
Versus
RAMA ARORA
