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Mohammed Abdul Wahid vs Nilofer on 10 May, 2023

4. Learned counsel for the petitioner contended that the trial Court committed an error in rejecting the application on a misconceived premise. It was submitted that in civil proceedings, no presumption can be drawn unless a witness is confronted with the relevant document, and therefore the petitioner cannot be denied the opportunity to place the certified copy of judicial proceedings on record. It is submitted that document sought to be Signature Not Verified Signed by: PRACHI MISHRA Signing time: 1/8/2026 11:13:07 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:71 3 MP-5577-2025 produced is a certified copy of a judicial record, which was obtained recently and has direct bearing on the core issue involved in the suit. Reliance has been placed on the judgment of the Hon'ble Supreme Court in Mohammed Abdul Wahid v. Nilofer (Civil Appeal No. 8146 of 2023) , wherein it has been held that the freedom to produce documents for the purpose of cross- examination or refreshing memory is integral to fair adjudication, and denial of such opportunity may fatally compromise the proceedings. The Hon'ble Supreme Court further held that the law does not differentiate between a party to the suit and a witness for the purposes of evidence. Hence, it is prayed that petition be allowed.
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