Can a denied document be used to confront a witness?
If a document is denied by the plantiff at an earlier stage can that document be used to confront a witness by defendant during cross examination pls provide the answer with the relevant case law.
The document denied by the plaintiff at an earlier stage can be used to confront the witness by defendant during cross examination under the Section 145 of the Evidence Act by ensuring the relevance and authenticity of the document used. Follow the procedural safeguards if objections arise and seek the court’s discretion for admission later.
Yes, a document once refused by the plaintiff can be applied to the party for the cross-examination of a witness. The Supreme Court in Mohammed Abdul Wahid v. Nilofer, 2023 held that a difference in this regard is not to be made between a party to the suit and a witness as regards to the production of documents on cross-examination. The court laid a reliance on the fact that admitting such confrontation serves the purpose of truth in proceedings, which enables a party to present the case effectively despite previous denials of the document.
Sir, even if a document is denied by the plaintiff at an earlier stage, it can be used by the defendant during cross-examination if it is necessary to confront a witness and expose contradictions in their statements. The document can be introduced to test the reliability and truthfulness of the witness's testimony. For further legal assistance contact us on our helpline number
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