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Sohit Khatri   18 July 2021

Confronting document to defendant in cross examination

Whether I can confront document to defendant in cross examination which was in possession of plaintiff since filing of suit. It was not filed alongwith pleadings because I thought that it was not necessary, however in examination in chief of defendant he stated that the said document is in his possession but he has not produced the same( as he has falsely stated that the plaintiff has returned the same to him) ( Still the document is with plaintiffs possession). So now whether I can confront the same to defendant in cross examination? Please answer my query.


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 4 Replies

Dr J C Vashista (Advocate)     18 July 2021

Since the document was in your possession it was your duty to exhibit and prove it, however, it can not be confronted to defendant in his cross-examination but you may seek permission of the court under Order XIV Rule 14 read with Order XVIII Rules 2 CPC to produce/ exhibit and prove before the defendant closes his evidence.

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Sohit Khatri   18 July 2021

Sir  as my suit is not based on that document therefore I have not filed it earlier, however as the defendant is saying that the said is with him but has not produced the same, so to shake his credibility whether I can confront the same in his cross.?

Dr J C Vashista (Advocate)     20 July 2021

The onus of producing such document is upon the defendant if s/he want to demolish your claim  conversely same for the plaintiff.

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Sohit Khatri   21 July 2021

Thank you sir.


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