M MANOHAR Vs. T R MILLS

JUDGEMENT

(1.) Mr. Manohar, P.W,1 hasbeen examined by Sri Udaya Holla, counsel appearing for him. During the course of examination-in-Chief the witness P.W. 1 state thai he had taken inspection of certain documents which were made available to him for inspection by the respondent-Company, in pursuance of the order of this Court. He look notes of certain documents during the course of inspection of these documents-The documents which were given to him for inspection have been listed as per the list given to him. Some of those documents which were given to him for inspection were not produced into the Court despite bis making a request by filing an application in the Court. He has stated all these facts in his examination-in-chief and he further stated that he has made 'notes' of the contents of the documents which he wants to produce and mark it as document to prove the contents of those documents which have been inspected by him.

(2.) This was objected by Mr. S.G. Sundaraswamy, senior counsel appearing forthe respondent-Company.

(3.) The examination-in-chief of P.W. V was deferred and the matter was heard on the question whether the notes of the documents prepared by the person who bad seen the document could be produced and marked as a proof of the contents of documents by way of secondary evidence, since the. original documents are not produced by the opposite party in whose possession and power they are said to be.