H N RAI Vs. AJAY MOHAN

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent.

(2.) The controversy in this petition is whether in cross-examination while confronting the witness with his signature appearing on a document, can the adverse party show the signature on the document by covering up the remaining portion of the document by any means.

(3.) This question arose during the cross-examination of the Respondent No. 1 in a suit, being S.C. suit No. 4969 of 2006 at Bombay City Civil Court at Greater Bombay. The learned Trial Judge by order dated 23.04.2008, did not permit the Counsel for the petitioners to cover up rest of the matter whilst calling upon the respondent No. 1 to identify the signature part on the document, which order is impugned in this petition.