Supreme Court · 2023 INSC 1075 · Decided 14 December 2023

Mohammed Abdul Wahid v. Nilofer & Anr

Court
Supreme Court of India
Citation
2023 INSC 1075 · [2023] 15 S.C.R. 866
Case number
CIVIL APPEAL No. 8146/2023
Decided
14 December 2023
Bench
BHUSHAN RAMKRISHNA GAVAI, SANJAY KAROL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Evidence Act Section 120

Headnote

HEADNOTES Issue for consideration: Whether under the Code of Civil Procedure, there is envisaged a diff erence between a party to a suit and a witness in a suit, does the phrase plaintiff 's/ defendant's witness exclude the plaintiff or defendant themselves, when they appear as and whether Ord. VII r. 14, Ord VIII r. 1-A and Ord. XIII r. 1 CPC, enjoin the party under-taking cross examination of a party to a suit from producing documents, for the purposes thereof, by virtue of the use of the phrase(s) plaintiff /defendant's witness or witnesses of the other party,

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