Section 139 of the Indian Evidence Act, 1872: A person summoned only to produce documents is not a witness unless formally called as such and cannot be cross-examined: Rakesh Sachdeva vs Rajesh Sachdeva (Delhi High Court, 12 March 2024)

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Summary of the Judgment: Rakesh Sachdeva vs Rajesh Sachdeva (Delhi High Court, 12 March 2024)

Bench: Justice Dharmesh Sharma
Case No.: C.R.P. 217/2023 & CM Appl. 41227/2023

Background:

  • Parties: Rakesh Sachdeva (Petitioner/Defendant) vs. Rajesh Sachdeva (Respondent/Plaintiff)

  • Relation: Real brothers

  • Dispute: Ownership of a suit property. The plaintiff (Rajesh) claims ownership, while the defendant (Rakesh) alleges that the supporting documents are forged.

Core Issue:

Rakesh challenged the Trial Court's order (dated 02.06.2023) denying him the right to cross-examine two official witnesses summoned by Rajesh solely to produce certain documents (Special Power of Attorney and a receipt from 1983).

Legal Reasoning:

  • The High Court upheld the Trial Court's reliance on:

    • Section 139 of the Indian Evidence Act, 1872: A person summoned only to produce documents is not a witness unless formally called as such and cannot be cross-examined.

    • Precedents from:

      • Kotulpur Farmers’ Service vs. Sayera Bibi (Calcutta HC)

      • Rakesh Jain vs. CBI (Punjab & Haryana HC)

  • The official witnesses had no personal knowledge about the documents’ contents or execution and were not competent to testify on authenticity or parties’ identity.

  • As per Section 3 and 146 of the Evidence Act:

    • Cross-examination applies only when the witness deposes about facts in issue.

    • The official witnesses did not testify on any such facts and had no credibility or character to test.

Court's Conclusion:

  • The right to cross-examination was not applicable in this case.

  • Mere production or marking of documents does not amount to proving them.

  • The Trial Court’s decision was correct, with no illegality or perversity.

Final Order:

  • Revision Petition Dismissed.

  • No merit found in the petition.

  • Pending application disposed of. 

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