Introduction

The Hon’ble Supreme Court, vide its recent judgment in Mohammed Abdul Wahid v. Nilofer & Anr.,[1] adjudicated inter alia upon whether the Code of Civil Procedure, 1908 (“CPC”) makes a distinction between a ‘party to a suit’ and a ‘witness in a suit’ through its adopted phraseology? More specifically, whether a party to a suit i.e. a plaintiff or a defendant may be equated to a witness when interpreting the provisions of Order VII Rule 14 [Production of document on which plaintiff sues or relies]; Order VIII Rule 1A(4)(a) [Duty of Defendant to produce documents upon which relief is claimed or relied upon by him]; and Order XIII Rule 1(3)(a) [Original Documents to be produced at or before the settlement of issues] of the CPC?Continue Reading ‘Party’ and ‘witness’ on an equal footing for the purpose of adducing evidence in civil suit: Supreme Court clarifies