LALITA KARKI Vs. VIJAY SINGH

JUDGEMENT

(1.) THE sole question in this revision petition is whether a party can be equated with the witness and whether a document not being relied upon by any party can be produced at a later stage.

(2.) A suit has been filed by the respondent before the court below seeking possession of the house known as Durga Niwas situated at Amphalla, Jammu. The statement of the defendant was recorded by the trial court and while cross -examining the defendants a Will was confronted by the plaintiff to the defendant. The objection was raised by the learned counsel for the defendant/petitioner that this document cannot be tendered in evidence, especially when no permission as warranted under Order 13 Rule 2 of CPC has been obtained by the plaintiff/respondent.

(3.) ON the other hand, the learned counsel for the plaintiff/respondent contended that the production of such document is not barred under Order 7 sub Rule 18 of CPC. He states that Order 7 Rule 18 sub Rule 2 of CPC permits the plaintiff to introduce the documents for cross examination of defendant/witness.