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Casemine - Mohammed Abdul Wahid... v. Smt. Nilofer WD - o Dr..

The Bombay High Court addressed whether a party in a suit should be treated as a witness and whether documents can be produced during cross-examination without prior court approval. The Court concluded that a party cannot be equated with a witness and that documents may be introduced during cross-examination, supporting the element of surprise. The matters were referred back to the appropriate Bench for further decision based on these findings.

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63 views2 pages

Casemine - Mohammed Abdul Wahid... v. Smt. Nilofer WD - o Dr..

The Bombay High Court addressed whether a party in a suit should be treated as a witness and whether documents can be produced during cross-examination without prior court approval. The Court concluded that a party cannot be equated with a witness and that documents may be introduced during cross-examination, supporting the element of surprise. The matters were referred back to the appropriate Bench for further decision based on these findings.

Uploaded by

P. S. Jhedu & Associates
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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MOHAMMED ABDUL WAHID S/O DR.

MOHAMMED ABDUL AZIZ


v. SMT. NILOFER WD/O DR. MOHAMMAD ABDUL SALIM AND
ANOTHER
Bombay High Court (Feb 9, 2021)

SUMMARY

Legal Issue:

The learned Single Judge referred the case to the Division Bench to address the following
questions:
1. Whether a party to a suit, either plaintiff or defendant, should be considered as a witness
and if the provisions of Order VII Rule 14, Order VIII Rule 1- A (4) (a), and Order XIII
Rule 1 (3)(a) of the CPC should be interpreted by equating a party with a witness.
2. Whether documents can be directly produced during the cross-examination of a party or
witness without prior court approval under the CPC.
3. Whether the observations in previous judgments regarding the impermissibility of
directly producing documents during cross-examination due to the element of surprise are
correct and if accepting such observations would diminish the effectiveness of cross-
examination.
Summary of Facts:

The case involved a difference of opinion between two judgments of learned Single
Judges.

The petitioner's counsel argued that a party should be equated with a witness, while the
respondent's counsel contended that there is a distinction between a party and a witness.

The respondent argued that the Evidence Act recognizes the difference between a party
and a witness.

The issue of withholding documents by a party for confrontation during cross-


examination was also discussed.

The legislative intent behind certain provisions of the CPC was analyzed in relation to
the element of surprise in cross-examination.

Court's Decision:

The Court held that a party to a suit cannot be equated with a witness.

The Court found that the legislative intent was to permit an element of surprise in
cross-examination.

The Court concluded that documents can be produced during the cross-examination of

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a witness without prior court approval.

The matters were referred back to the appropriate Bench for a decision on the merits
based on the answers provided.

Significant Precedents:

Ramdev Food Products case did not support the proposition that a party should be
equated with a witness.

Havovi Kersi Sethna case clarified that a party cannot be considered a witness for the
purpose of introducing documents during cross-examination.

Outcome:

The Court answered the referred questions, emphasizing the distinction between a party
and a witness, and directed the matters to be decided by the appropriate Bench.

Printed by licensee : SANJAY JOIL Page 2 of 2

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