LAXMIKANT SINAI LOTLEKAR Vs. RAGHUVIR SINAI LOTLEKAR

JUDGEMENT

(1.) This revision application gives rise to an interesting question of law as to the interpretation of Order XIII, Rule 2 (2), Civil Procedure Code Can any document be produced during the cross-examination of a witness unde: the said sub-rule (2) of Rule 2 of Order XIII, or only some class of document can be introduced, is the question I am called upon to decide.

(2.) This question arose in a civil suit pending in the Court of the learned Civil Judge, Junior Division, Panaji. While the plaintiff No. 1 was being cross-examined, the learned advocate appearing for the defendants sought to introduce in evidence two letters, one written by Smt. Laxmibai Sinai Lotlekar to the Village Panchayat of Reis Magos and the other by the said Village panchayat to the first plaintiff, as well as eight house lax receipts issued in favour of the first defendant in the suit. This was opposed on behalf of the plaintiffs, and ultimately, the learned Judge rejected the application of the defendants on the ground that the said documents did not bear the signature of the witness.

(3.) Mr. A. P. Lawande, learned counsel appearing for the petitioners, submitted that the impugned order passed by the learned Civil Judge, Junior Division, Panaji, is erroneous inasmuch as he has not born in mind the provision of Order XIII, Rule 2 (2), Civil Procedure Code. According to the learned counsel, the petitioners were entitled to confront the plaintiffs with any documents during the course of cross-examination by virtue of the aforesaid provision of law It was, however, contended by Mr. Peres Cardozo, learned counsel appearing for the respondents, that the provision of sub-rule (2) of Rule 2 of Order XIII is not omnibus and as such, it is not permissible for a party to introduce in evidence all kinds of documents during the course of cross-examination. He contended further that, to hold the contrary, would amount to make nugatory the provisions of Order VII, Rules 14 and 18 and Order VIII, Rule 1. He urged that actually the only documents that a party can introduce during the course of cross-examination are those meant 10 contradict a witness and permissble under section 145 of the Evidence Act. The learned counsel further submitted that no other document can be introduced, since the provisions of Orders VII and VIII require the plaintiff and the defendant, respectively, to either produce the documents in their possession or to give a list of documents on which they will rely to prove their cases.