Alice vs Moly on 3 February, 2022
14. It is true that by way of amendment
brought into the Code of Civil Procedure by Act
22/2002 came into force w.e.f. 01.07.2002, the
legal position as to production of documents
before amendment was changed. But then also the
procedure for confronting documents during
cross-examination of a witness is the same.
OP(C) Nos.173 & 174 of 2022
12
In this connection, another decision reported
in Bhima Jewellery and Diamonds Pvt. Ltd. v.
Sandeep Kumar [2020 (5) KLT 40] placed by the
learned counsel for the petitioner also is
relevant. In the said case, also this Court in
paragraph No.21 held that when the whole
purpose is to contradict a witness, it becomes
unnecessary to expatiate that the element of
surprise is crucial. Axiomatically, it will be
incongruous to even suggest that a document or
statement used for such must be produced
earlier, since the witness certainly will then
modulate his response to it by pre-preparation.