In Brief
The Supreme Court resolved conflicting High Court judgments on whether a party to a civil suit is a witness under the Code of Civil Procedure and Evidence Act. The Court held that a party entering the witness box is a witness with no distinction from other witnesses. Consequently, documents can be produced during cross-examination of both parties and witnesses for the purposes of cross-examination or refreshing memory, without prior advance production, provided such production relates to the pleaded issues. The Court emphasized that substance of pleadings matters more than form; if parties knew the case and tried issues, deficiencies in pleading cannot be raised later. The judgment set aside the High Court's decision and restored the original petition for decision on merits.
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