V.K.SHALI
Sarabjit Singh – Appellant
Versus
Gurinder Singh Sandhu – Respondent
Certainly. Based on the provided legal document, here are the key points:
The order of cross-examination of the plaintiff's witnesses should be guided by the classification of defendants into three categories: those fully supporting the plaintiff's case, those partially supporting it, and those not supporting it at all. This classification determines the sequence in which cross-examination should occur (!) .
Defendants who support the plaintiff's case, either fully or partially, are entitled to cross-examine the plaintiff's witnesses before the defendants who oppose the plaintiff's case. This order is intended to prevent prejudice and ensure fairness in the examination process (!) (!) (!) .
The rationale behind this order is that defendants supporting the plaintiff are not considered adverse parties in the same sense as those opposing the case. Therefore, allowing them to cross-examine first preserves the integrity of the cross-examination process and avoids filling gaps that could prejudice the opposing party (!) (!) .
The classification of defendants into these categories is essential for determining the sequence of cross-examination, and this approach is supported by relevant judicial reasoning emphasizing fairness and procedural order (!) (!) .
The scope of cross-examination is broad, including the ability to challenge a witness’s character and credibility, and leading questions are permitted. This wider scope underscores the importance of the proper order of cross-examination to prevent prejudice (!) .
The court has the discretion to direct the sequence of cross-examination based on the support or opposition of defendants to the plaintiff's case, aiming to uphold procedural fairness and prevent any party from gaining an undue advantage (!) (!) .
In the specific case discussed, defendants supporting the plaintiff (defendants No. 3 and 4) are to cross-examine the plaintiff’s witness first, before the defendant opposing the case (defendant No. 1), to ensure a fair and balanced examination process (!) .
The court’s decision on the order of cross-examination is based on principles of fairness and the classification of support/supporting roles, rather than any final judgment on the merits of the case (!) .
Please let me know if you need a more detailed analysis or assistance with related legal questions.
V.K. Shali, J.
1. 17 years have gone by and still the Court is faced with the question as to which of the defendants should cross examine the PW-1, the only witness whose examination-in-chief has been completed. In order to appreciate the point in issue, it is necessary to give brief facts of the case.
2. A suit for partition came to be filed by the plaintiff against her brother (D-1), sisters (D-2 to 4) and husband of defendant No. 2 (D-5). The centre of controversy was the properties left by one Lt. Col. Gurpuran Singh, father of the plaintiff and the defendants No. 1 to 4. He is stated to have died at Delhi on 13th April, 1992. From the list of properties, Late Lt. Col. Gurpuran Singh seemed to be a man of means as he even owned a Rolls Royce car. The claim of the plaintiff was that she has 1/5th share in the estate of the Late Lt. Col. Gurpuran Singh on the basis of the Will dated 4th March, 1992 purported to have been made by him.
3. The defendant No. 3 filed her written statement and had not specifically denied the execution of the Will dated 4th March, 1992 purported to have been made by her father. However, she took the stand that one of the properties, which was huge agricult
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