VidhiSangh

Supreme Court of India · 14/12/2023

MOHAMMED ABDUL WAHID versus NILOFER & ANR

[2023] 15 S.C.R. 866 · 2023 INSC 1075

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that a party testifying in a civil suit stands on the same footing as another witness for the documentary exceptions governing cross-examination. Documents may be produced at that stage for effective confrontation or refreshing memory without advance production, subject to the limited purpose and their connection with the pleadings.

Issues

  1. Whether a party entering the witness box is excluded from the documentary exceptions available for cross-examination of witnesses.
  2. Whether documents not produced with the pleadings may be used to confront that party.

Provisions considered

Held

Result

Appeal allowed. The Bombay High Court Division Bench judgment of 9 February 2021 was set aside. The original petition was restored for decision on merits under the law declared. Parties to bear their own costs; interlocutory applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 866.