Case Note & Summary
The petitioner, Dr. Charusheela Devidas Doifode, original plaintiff, filed a writ petition challenging the order of the trial court dated 9th December 2013. The trial court had rejected the defendant's application (exhibit 87) to reissue witness summons to the Deputy Human Resource Manager of Rashtriya Chemicals & Fertilizers Limited, Mumbai, but marked document no. 2 from the list of documents (exhibit 78) as Exhibit 90. The document showed the defendant's attendance on duty on specific dates. The defendant wanted to prove the document by examining the employer's representative. The High Court held that the trial court's course of exhibiting the document without allowing examination of the witness could not be sustained. The court set aside the part of the order marking the document and directed the trial court to issue witness summons to the employer's representative to testify to the veracity of the documents, with opportunity for the plaintiff to cross-examine. Rule was made absolute with no order as to costs.
Headnote
A) Civil Procedure - Evidence - Marking of Documents - Examination of Witness - The trial court erred in marking a document as exhibit without allowing the defendant to examine the Deputy Human Resource Manager of the employer to testify to the veracity of the document. The court held that the course adopted by the trial court cannot be sustained and set aside that part of the order, directing issuance of witness summons with opportunity for cross-examination. (Paras 2-6)
Issue of Consideration
Whether the trial court could mark a document as exhibit without allowing the defendant to examine the employer's representative to prove the document's veracity.
Final Decision
The High Court set aside the part of the trial court order that marked document no. 2 as Exhibit 90. It directed the trial court to issue witness summons to the representative of the defendant's employer to testify to the veracity of the documents, with opportunity for the plaintiff to cross-examine. Rule made absolute with no order as to costs.
Law Points
- Document cannot be exhibited without allowing examination of the witness who can testify to its veracity
- Right to cross-examine witness is essential for fair trial
