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B. S. BHANUMATHI
Patna Venkata Sreeramulu – Appellant
Versus
Dalli Appalareddy – Respondent
ORDER :
1. This revision is filed under Article 227 of the Constitution of India against the order dated 13.10.2020 in O.S. No. 38 of 2012 on the file of the Court of Principal District Judge, Vizianagaram, whereby the Court below directed the plaintiff to cross-examine DW-1/first defendant (D1) at the first instance by adopting the order of examination as referred in Section 138 of the Indian Evidence Act, 1872 (for short ‘the Act’).
2. The aggrieved plaintiffs preferred this revision petition stating that they filed the suit for specific performance of the agreement of sale and D-1 to D-4 filed written statement denying the misrepresentation and fraud played by D-13, who is the second purchaser of the very same property, and denied the suit claim of the plaintiffs supporting the sale deed executed in favour of D-13 and similarly D-13 also denied the claim of the plaintiffs and, therefore, D-13 is not an adverse party to DW-1 within the meaning of Section 138 of the Indian Evidence Act and if at all D-13 is allowed to cross-examine DW-1, it must be prior to cross-examination of DW-1 by the plaintiffs, but the trial Court erroneously directed the plaintiffs to first cross-examine DW-
The right to cross-examine a witness is confined to a party with adverse interest as per the provisions of the Indian Evidence Act, and this principle applies even in a suit for partition where all p....
The main legal point established in the judgment is that the Code of Civil Procedure, 1908 does not permit calling the other party to the suit only for the purpose of cross-examination and condemns t....
The main legal point established is that the examination of witnesses should be conducted strictly in accordance with the relevant legal provisions, and the trial court's discretion in deferring cros....
Cross-examination by non-adverse parties is permissible; objections must be raised during evidence proceedings.
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