Supreme Court: Witness or party to suit in witness box should be treated the same

Summarized version of supreme court judgement on Witness examination and cross examination as per CPC

The Supreme Court of India, led by Justice B.R. Gavai, overturned a decision from the Bombay High Court regarding the production of documents during cross-examination in civil cases. The Bombay High Court had ruled that a fresh document cannot be introduced to confront a witness who is also a party to the suit during their cross-examination, suggesting a difference between the treatment of parties to a suit and other witnesses.

The Supreme Court disagreed, holding that no legal distinction should be made between parties to a suit and witnesses when it comes to the introduction of documents during cross-examination. The case focused on interpreting various rules from the Code of Civil Procedure, 1908, specifically Order 7 Rule 14, Order 8 Rule 1A, and Order 13 Rule 3. The court found that these provisions allow for the production of documents to either refresh a witness's memory or confront during cross-examination, applicable equally to all witnesses whether or not they are parties to the suit.

The Supreme Court’s judgment clarified that the law does not support differentiating between a witness and a party to the suit when they are in the witness box. Both are subject to the same procedures and can be confronted with documents as part of evidence gathering and cross-examination. This ruling aimed to ensure fairness in legal proceedings by allowing comprehensive examination opportunities, thereby aiding the discovery of truth, which the court emphasized as the ultimate goal of a trial.

This decision was delivered in the context of the case titled "Mohammed Mohammed Bin Nilofer and Another," with citation 2023 Lev SC 100061.

(Details can be read from this webpage from https://www.livelaw.in/supreme-court/documents-produced-cross-examination-civil-trial-confront-party-suit-witness-cpc-supreme-court-244705 )