AIR 2010 SUPREME COURT 2809 ::2010 AIR SCW 4593 ::2010 (5) AIR Bom R 674 ::(2010) 2 WLC(SC)CVL 586 ::(2010) 111 RevDec 522 ::(2010) 2 CLR 537 (SC) ::(2010) 2 Orissa LR 997 ::(2010) 3 All RentCas 312 ::(2010) 4 CivilCourtC 63 ::2010 (3) SCC (Cri) 924 ::2010 (8) SCC 452 ::(2010) 3 RecCriR 868 ::(2010) 3 RecCivR 917 ::(2010) 7 Scale 558 ::(2010) 3 CurCC 383 ::2010 CalCriLR 3 226 ::(2010) 82 All LR 740 ::(2010) 4 Cal HN 235 ::(2010) 5 All WC 4359 ::(2010) 2 Cal LJ 252 ::(2011) 111 Cut LT 222 ::(2010) 5 Mad LW 1 ::(2010) 8 Mad LJ 1087 ::(2010) 4 MPLJ 551 ::(2010) 6 Mah LJ 776 ::(2011) 1 JCR 8 (SC) ::2010 (4) KCCR SN 237 (SC) ::(2011) 1 UC 760 ::(2011) 1 AndhLD 1 ::(2010) 94 AllIndCas 72 (SC)

Supreme Court Of India

Hon'ble Judge(s): R. V. Raveendran, H. L. Gokhale , JJ

(A) Civil P.C. (5 of 1908) , O.10 R.2, O.12 R.3A, O.18 R.14— Examination of party under - Is to ascertain matter in controversy in suit - Not to record evidence or secure admission or cross-examine party - Court confronting party with only signature part of disputed, unexhibited document by covering other portion - Amounts to cross-examination - Process adopted in examination under O.10, R.2 is impermissible. Evidence Act (1 of 1872) , S.165— The object of oral examination under R. 2 of O. 10 is to ascertain the matter in controversy in suit, and not to record evidence or to secure admissions. The statement made by a party in an examination under R. 2 is not under oath, and is not intended to be a substitute for a regular examination under oath under O. 18. It is intended to elucidate what is obscure and vague in the pleadings. In other words, the purpose of the oral examination under R. 2 is mainly to elucidate the allegations even in his own pleadings, or any documents filed with the pleadings. The power under O. 10, R. 2 of the Code, cannot be converted into a process of selective cross-examination by the Court, before the party has an opportunity to put forth his case at the trial.(Para 11) The power of Court to call upon a party to admit any document and record whether the party admits or refuses or neglects....