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TUSHAR RAO GEDELA
Razia – Appellant
Versus
Sant Singh Bal (Now Deceased) Through Lrs. Smt. Birmati Devi – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 23079/2023 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 732/2023 & CM APPL. 23078/2023
3. The petitioners who are the defendants before the learned Trial Court challenge the order 27.09.2022 in CS SCJ 84034/2016 titled `Sant Singh Bal Vs. Razia & Ors.' whereby the right to complete the cross-examination of PW3, namely, Sh. Niranjan Singh was closed on the ground that an adjournment was sought on the previous date of hearing and the costs imposed thereon were not been paid till date of the passing of the impugned order.
4. Learned counsel appearing for the petitioners/defendants submits that the learned Trial Court ought to have granted at least one more opportunity for the reason that the earlier witnesses, PW1&2, have already been cross examined and PW3 himself was partly cross examined, which itself was recorded in the order.
5. Learned counsel submits that on a previous date of hearing he was unable to appear due to the reason of unfortunate demise of his father. Learned counsel submits that the proxy counsel had
The genuine difficulty faced by a party's counsel may justify granting additional opportunities in legal proceedings.
The right to cross-examination is fundamental, and the court may consider a party's medical condition as a valid reason for granting further cross-examination under Section 311 Cr.P.C.
The court maintains its discretionary power to regulate trial proceedings and witness cross-examination, ensuring procedural compliance while accommodating undertakings to avoid further delays.
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 right to cross-examine witnesses must be exercised promptly, and adjournments should only be granted for compelling reasons to ensure a fair trial.
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