Supreme Court of India
Mohammed Abdul Wahid v. Nilofer & Anr
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What the Court ordered
The questions raised in the instant lis are answered in the above terms. The appeal is allowed. In view of the discussion hereinabove, the judgment of the Division Bench in WP No. 7717 of 2019 titled as Mohammed Abdul Wahid v. Smt. Nilofer with WP No. 6931 of 2019 titled as Sau. Kantabai & Anr. v. Sudhir & Ors dated 9th February 2021 by the Bombay High Court, is set aside. The original petition stands restored to the file of the High Court for it to be decided on merits in accordance with the law as hereinabove discussed.
Judgment, Paras 33-35
From the headnote
Issue for consideration: Whether under the Code of Civil Procedure, there is envisaged a difference 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 witnesses in their own cause; 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, when cross examining the opposite party.
Authorities it was built on
- 1993 S.P. Chengalvaraya Naidu (dead) by L.rs. v. Jagannath (dead) by L.rs. and Ors
- 1987 Ram Sarup Gupta (dead) by Lrs. v. Bishun Narain Inter College & Ors.
- 1975 Udhav Singh v. Madha V Rao Sclndia
- 1990 Commissioner of Income-tax, Madras v. K.R. Sadayappan
- 2023 Commanding Officer, Railway Protection Special Force, Mumbai v. Bhavnaben Dinshbhai Bhabhor & Others
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