06/02/2017

5604 - Whether document which is produced during cross examination which is denied by witness can be retained in court record? CM(M) No.171/2009 Date of decision: 25th November, 2009, HIGH COURT OF DELHI AT NEW DELHI


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.

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