Case Note & Summary
The petitioners, original plaintiffs in a civil suit, filed an application seeking permission to file certified copies of certain documents. The learned trial judge rejected the application on the ground that the documents could not be read in evidence in view of Section 79 of the Indian Evidence Act, 1872. The petitioners challenged this order by way of a writ petition before the Bombay High Court, Nagpur Bench. The High Court held that the trial judge failed to appreciate that production of documents on record and allowing them to be exhibited are distinct from each other. The court may not give evidentiary value to those documents or allow them to be exhibited, but production of documents on record cannot be refused. Accordingly, the impugned order was quashed and set aside, and the trial court was directed to allow production of the documents listed in the application (exhibit 315) and consider the question of exhibiting them separately. The rule was made absolute with no order as to costs.
Headnote
A) Civil Procedure - Production of Documents - Distinction between Production and Exhibition - The trial court erred in refusing production of documents on the ground that they cannot be read in evidence under Section 79 of the Indian Evidence Act, 1872. Production of documents on record and allowing them to be exhibited are distinct. The court may not give evidentiary value or allow exhibition, but production cannot be refused. (Paras 4-5)
Issue of Consideration
Whether the trial court can refuse production of documents on record on the ground that they cannot be read in evidence under Section 79 of the Indian Evidence Act, 1872
Final Decision
The impugned order is quashed and set aside. The trial court shall allow production of documents enlisted with application (exhibit 315) and may consider the question of exhibiting those documents in evidence separately. Rule made absolute with no order as to costs.
Law Points
- Production of documents on record and allowing them to be exhibited are distinct
- Production of documents cannot be refused even if they may not be admissible as evidence
- Section 79 of the Indian Evidence Act
- 1872 does not bar production of documents
