ARUN JAITLEY Vs. ARVIND KEJRIWAL

JUDGEMENT

(1.) O.A.No.6/2018 & I.A.No.424/2018 1. Present appeal has been filed by defendant No. 1-appellant challenging the order dated 31st October, 2017 passed by the Joint Registrar, whereby his application being I.A.No.7371/2017 under Order XVI Rule 1 CPC for summoning of documents/records of DDCA was dismissed on the ground that the impugned statements were not made by the defendant No.1 on the basis of the said documents and further the said documents were not in public domain.

(2.) Learned counsel for defendants-appellants submits that under Order VIII Rule 1A(4) and Order XIII Rule1(3) CPC, the defendants can confront the plaintiff with any documents in cross-examination and for this purpose it can summon any documents under Order XVI Rule 6 CPC. He submits that the learned Joint Registrar had erred in not appreciating that there is a difference between seeking permission to file documents under Order VIII Rule 1A(3) CPC and summoning of documents under Order XVI Rule 6 CPC.

(3.) Learned counsel for the defendants-appellants further submits that neither Civil Procedure Code nor the Evidence Act places any restriction on the right of the defendants-appellants to summon any official for procuring a document for the purpose of confronting the witnesses at the time of cross- examination. He submits that the only test for summoning of documents is their relevance to the case and the Minutes Books of DDCA between 1999 to 2014 are most certainly relevant to the defence of the defendants.