Permission to cross-examine one's own witness under section 154 of the Evidence Act must be sought during the examination of the witness.

( 1 ) THE short question involved in this revision petition is whether a witness whose deposition is over, can be permittted to be cross-examined under section 154, Evidence Act, as a hostile witness by the party who produced him. This question arises out of the following facts. The plaintiff produced one Abdul Lateef Khan (P. W. 3) as his witness. He was examined on 16-12-1965. After his examination-in-chief was over, the defendant declined to cross-examine as he thought that there was nothing which need be put to the wtiness. The proceedings of 16-12-1965 showed that "the plaintiff wanted to file an application to treat P. W. 3 hostile". This application, however, was filed on 9-1-1966, This application was resisted by the defendant. It was ultimately dismissed by the court below by an order dated 26-7-1966. It is this order that is now the subject of revision. Section 154, Evidence Act, reads as follows:-"the Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party". A careful and close reading of this section would indicate that firstly it is in the discretion of the Court to permit a person who calls a witness to out any question which might be put in cross-examination by the adverse party and secondly, before such questions in cross-examination are put by the party calling the witness, permission of the Court must be obtained. The Section does not use the word cross-examination but says that the Court may permit "to put any questions to him which might be put in cross-examination" the reason apparently being that cross-examination being examination by the adverse party the use of any such term would have been contradictor the section does not also use the expression "hostile witness" It is t that there is nothing in section 154 as to declaring a witness hostile but it provides that the court may in its discretion permit a person who calls witness, to put any questions to him which might be put in cross-examination. It is, however, abundantly plain that unless during the course of the examination of a witness the witness demonstrates hostility to the person who called him as a witness and the Court is satisfied that the witness is hostile to the person who called him as a witness, it Will not grant permision to the party who has called the witness to cross-examine him. No hard and fast rules can be laid down as to when a witness can be called an adverse or a hostile witness. It can however broadly be stated that the court "can allow a party to cross-examine his witness firstly when his temper, attitude, demeanour etc. in the witness box show|a deliberately hostile or antagonistic feeling towards the party calling him or secondly when concealing his true sentiments he does not exhibit any hostile feeling but makes statements contrary to what he was called or expected to prove what he had deliberately told before and by his manner of giving evidence and conduct shows that he is suppressing the truth or that he is not desirous of giving evidence fairly and telling the truth to the Court with a view to help the other party. The section, it must be stated, contemplates permission to be obtained during the course of the examination of the witness. Any other view would be inconsistent with section 154, firstly because it is during the examination of the witness that it must be found that the witness has shown himself hostile or adverse, and it is only then that the question of permission by the court to put questions in cross-examination by the party who called the witness can arise. After the examination-in-chief and the cross- examination of the witness is over, the only question which can arise is whether the party, who put the person in the witness box, has any question by way of re-examination to ask. At that stage no question of cross-examining the witness under section 154 can arise. Normally this question arises only w

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