POONAM CHAWLA Vs. NIRANJAN KUMAR

JUDGEMENT

(1.) PRESENT petition has been filed under Article 227 of the Constitution of India seeking to set aside order dated 7th March, 2008 passed by additional District Judge in Suit No. 537/2007 whereby respondent/defendant's application under Section 73 of Indian Evidence Act, 1872 (hereinafter referred to as 'ie Act') was allowed.

(2.) BRIEFLY stated, the material facts of this case are, that on 25th July, 2005 defence of respondent/defendant had been struck off. Respondent/defendant's application for recalling the said order was dismissed on 13th September, 2005. A civil miscellaneous main petition being CM (M) No. 2545/2005 filed by respondent/defendant against said order was also dismissed by this Court on 24th October, 2005. Even a Special leave Petition being SLP (C) No. 25073/2005 filed by respondent/defendant against said order was dismissed by Hon'ble Supreme Court on 31st July, 2006. Consequently, the order striking off defendant/respondent's defence has attained finality.

(3.) WHEN trial court disallowed respondent/defendant from confronting petitioner/plaintiffs witness with certain rent receipts purportedly issued by previous owner Col. B. S. Gaind, respondent/defendant filed CM (M) No. 3167/2005 in this Court and the said petition was disposed of by this Court by observing that there was nothing which precluded respondent/defendant from confronting petitioner/plaintiffs witness in cross-examination with documents which are not on record. This Court observed, "there is no dispute about the proposition of law that if the witness denies those documents, then those documents certainly cannot be exhibited and the occasion to exhibit those documents would only arise if the witness admits those documents. This is so since in cross examination, opposite party has a right to practically pull out a document out of its pocket and confront the witness with that document, which relates to that witness. "