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Rupali Shah   20 December 2024

Production of documents during cross examiantion

Dear Sir,

In one matter, Plaintiff has to get exhibited certin document.

Defendant's cross examiantion is going on. 

During the Cross examiantion, Plaintiff's Advocate wants to show ( refer)  4  documents to Defendant and take cross on those documents.  The said documents are not produced on record by Plaintiff, as Plaintiff received the documents at very late satege.  Those document's are Defendant's documents. (  like defendant's website pages, defendant's beroucher,  Defendant's sales bills, Defendant's goods return bill, online status of defendant's sales tax registration)

In such circumstance, can defendant's documents be shown directly to defendant during cross examiantion, without producing on record?

or

these documents are required to be produced on record first? (Cross examiantions is going on)

Kindly suggest how can thses document's  be referred and get exhibited?

Tnank you. 

 

 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 December 2024

The documents proposed to be introduced through defendant during cross examination can be directly filed without filing a petition to receive additional documents.

If the witness admits the documents then it can be marked as plaintiff side evidence.

1 Like

Advocate Bhartesh goyal (advocate)     21 December 2024

As per sec 159 of Indian Evidence Act, witness  may be referred any writings & documents to refresh his memory while under cross examination without  filing any petition and that writings or documents can be marked exhibits.


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