denied upon cross-examination the
truth of the matter suggested.
159. Refreshing memory. -- A witness may, while under
examination, refresh his memory by referring ... correct. When witness may use
copy of document to refresh memory. -
Whenever a witness may refresh his memory by reference
to any document
plaint, or
(iii) handed over to a witness merely to refresh his memory.
(2) The list of documents filed with the plaint shall specify whether ... plaint, or
(iii) handed over to a witness merely to refresh his memory.
(8) The list of documents filed with the written statement or counter
witnesses, or
(b) handed over to a witness merely to refresh his
memory."
7. Sub-rule (1) mandates the defendant to produce the
documents ... witnesses or handed over to a witness
merely to refresh his memory. Sub-rule (3) states that a document
which is not produced
plaint, or
(iii) handed over to a witness merely to refresh his memory.
Signature Not Verified
Digitally Signed CM(M) 548/2022 Page
relevant only--
xxx
(iii) handed over to a witness merely to
refresh his memory."
16. Clearly, in proceedings under the Commercial Courts Act ,
there
witnesses, or, handed over to a witness merely to refresh
his memory.‖
(emphasis supplied)
23.8 Having regard to Order VII Rule 14 CPC , the documents
plaintiffs
witnesses, or, handed over to a witness merely to
refresh his memory.]"
41. We are fortified, in our view, by the pronouncement
those which are handed over to the witness merely to refresh his
memory, pertaining to the facts and circumstances of the proceedings
initiated
witnesses, or
(b) handed over to a witness merely to refresh his memory.
CM(M) 957/2022 & CM(M) 962/2022 Page
witnesses, or
(b) handed over to a witness merely to refresh his memory.
CM(M) 957/2022 & CM(M) 962/2022 Page
