ASHOK SHARMA versus RAM ADHAR SHARMA
The High Court was justified in permitting the document to be taken on record at the instance of PW-3 because Order XVI Rules 1 and 1A CPC empower the court to allow a party to bring a witness with documents, even if the party was not in possession of those documents and the witness’s name was not earlier listed. The trial court erred in interpreting the production of documents too narrowly.
- Parties
- Appellant: Ashok Sharma; Respondent: Ram Adhar Sharma
- Jurisdiction
- India
- Judgment Date
- 11 February 2009
- Procedural Posture
- Civil Appeal / Appeal From High Court Decision Reversing Trial Court Order; Supreme Court Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Production of Documents, Summoning of Witnesses, Order XVI Rules 1 and 1 a CPC, Admissibility of Evidence
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ashok Sharma
Appellant
Ram Adhar Sharma
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Decision Reversing Trial Court Order; Supreme Court Final Judgment
Legal Issues
- 1 Whether the High Court was justified in permitting the document to be taken on record at the instance of PW-3 under Order XVI Rules 1 and 1A CPC
Ratio Decidendi
The High Court was justified in permitting the document to be taken on record at the instance of PW-3 because Order XVI Rules 1 and 1A CPC empower the court to allow a party to bring a witness with documents, even if the party was not in possession of those documents and the witness’s name was not earlier listed. The trial court erred in interpreting the production of documents too narrowly.
Court Disposition
Appeal dismissed
Orders
- No order as to costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment