Back
SHAMPA SARKAR
Abhra Aich – Appellant
Versus
Arati Paul – Respondent
| Table of Content |
|---|
| 1. order challenged in revisional application (Para 1 , 2) |
| 2. arguments on cross-examination rights (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court's reasoning on ex parte hearing (Para 9 , 10 , 11) |
| 4. defendant's opportunity to cross-examine granted (Para 12 , 13) |
| 5. final order and conclusion of the case (Para 14 , 15 , 16 , 17) |
JUDGMENT :
Shampa Sarkar, J. - This revisional application has been filed challenging an order dated May 4, 2023, passed by the learned Civil Judge (Junior Division), 4th Court, Alipore, South 24 Parganas in Ejectment Suit No.127 of 2017.
2. By the order impugned, the learned court below rejected the application of the defendant No.3 praying for liberty to cross-examine the plaintiffs witness, PW1. The learned court below rejected the application, inter alia, holding that the application filed by the defendants was redundant in view of the fact that his defence has been struck off and the order striking out the defence, had been upheld by the Honble High Court.
3. Mr. Roy, learned advocate appearing on behalf of the petitioner, submits that the order suffers from perversity. Reliance has been placed on the decision of the Honble Supreme Court in the case of
The court affirmed the essential right to cross-examine witnesses fully, emphasizing no counsel should be compelled to conclude cross-examination in one sitting without justified reasons.
The central legal point established is the importance of fair trial and the accused's right to cross-examine witnesses, allowing the recall of witnesses for cross-examination to ensure the collection....
The interest of substantial justice should prevail over procedural law when there is a conflict between the two.
Defendant set ex parte may cross-examine witnesses to challenge the plaintiff's case but cannot assert factual defenses or participate fully.
The court emphasized the importance of providing a fair opportunity for cross-examination and ensuring expeditious disposal of the trial.
The court balanced equities and granted a final opportunity to the defendants to cross-examine PW3, subject to conditions, despite not approving their conduct.
The court emphasized the importance of completing cross-examination within the time frame set by the High Court and allowed two additional days for cross-examination as a special case.
The court affirmed that cross-examination must adhere to the relevance of questions as per the Evidence Act, ensuring the protection of privacy rights.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
