TUSHAR RAO GEDELA
Kamlesh Verma – Appellant
Versus
Madhu Verma – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. Exemption is allowed, subject to all just exceptions.
CM APPL. 13554/2023 (for exemption)
2. The application stands disposed of.
CM(M) 454/2023 & CM APPL. 13553/2023 (for stay)
3. Petitioner challenges the order dated 06.02.2023 in CS SCJ 994/18 titled as “Madhu Verma @ Madhubala vs. Kamlesh Verma And Anr.”, whereby the application of the petitioner/ defendant seeking recall of the orders dated 26.04.2022 and 08.06.2022, virtue whereof the opportunity to cross examine the respondent/ plaintiff’s witnesses and the opportunity to lead defendant’s evidence of the petitioner was also closed, was dismissed.
4. Issue Notice. Notice is accepted by Mr. Praveen Suri, learned counsel appearing for the respondent.
5. Learned counsel for the respective parties on instructions submit that in order to ensure that there is no delay in the proceedings in the trial, an order giving appropriate directions be passed by this Court.
6. With the consent of the parties, the following directions are passed :-
The denial of an opportunity to cross-examine a witness is a violation of natural justice and could have a deleterious effect on the petitioner's stand before the trial court.
Parties to litigation should be afforded full opportunity to lead evidence and should not be deprived of such valuable rights on mere technicalities.
The correct procedure for examining witnesses and the right to cross-examine a witness should not be automatically closed if the witness is not available.
The right to cross-examine is an indelible right of a party before the Civil Court, and should not be denied unless there has been absolute laxity on the part of the petitioner/defendant.
The court has the discretion to allow the recall of a witness for cross-examination, but may impose conditions to expedite the trial.
In cases where the truth of a transaction is at issue, the court may allow further cross-examination of a witness, even if a document has been admitted, to ensure the interests of justice are served.
The genuine difficulty faced by a party's counsel may justify granting additional opportunities in legal proceedings.
The court's decision was influenced by the interests of justice, the provisions of the Indian Evidence Act, and the limitations on cross-examination.
The main legal point established is that the Trial Court should consider the reasons for adjournments and afford opportunities to parties to lead evidence, especially when the delay is not attributab....
The right to cross-examine a witness and the discretion of the court to grant further opportunities for cross-examination.
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