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

The Delhi High Court has observed that if a document produced during cross-examination of a witness is admitted or denied by the said witness, such a document cannot be returned and has to be necessarily placed on the Court file.

Justice Mini Pushkarna was dealing with an application filed on behalf of the plaintiffs in the civil suit under Section 151 of CPC for allowing them to place on record additional documents.

It was the case of the plaintiffs that during the recording of evidence of the defendant witness, the plaintiffs had presented the 'returned envelope' in front of the witness to verify those addresses. However, the Local Commissioner refused to entertain or put those envelopes on record.

The plaintiffs thus moved the High Court seeking permission to place on record 'returned envelopes' which were received back by them with the return remarks.

It was submitted that the 'returned envelopes' were not new and surprising document and that they pertained to the letters or speed post receipts that were already on the judicial record. It was thus prayed on behalf of the plaintiffs that the said additional documents may be allowed to be placed on record.

Noting that the speed post receipts, pertaining to the 'returned envelopes' were already part of record of the Court, the Court said that such 'returned envelopes' cannot be said to be new documents, as other related documents pertaining to the same were already on record.

"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," the Court said.

It added "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."

Considering the fact that the said envelopes were presented to the witness of the defendant during the course of evidence, the Court allowed the application and the 'returned envelopes' were taken on record.

Case Title: BHAG SINGH GAMBHIR AND ORS v. RAMA ARORA

Citation: 2022 LiveLaw (Del) 651

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