Production of Documents -- Cross Examination-- No Separate Application Required to Produce Documents for Confronting Witness in Cross-Examination Under Evidence Act
A defendant is not required to file a separate application for production of documents intended solely to confront a witness during cross-examination. Orders VIII and XIII of the Code of Civil Procedure expressly except such documents from the general rule of production along with pleadings. Section 145 of the Evidence Act (Section 148 of the Bharatiya Sakshya Adhiniyam) permits confrontation of a witness with previous written statements relevant to matters in issue, and no leave of court is required to take such documents on record, provided they are not foreign to the pleadings.
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