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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ JAIN
Rehman Aftab Alam – Appellant
Versus
Salma Bano – Respondent
JUDGMENT :
MANOJ JAIN, J.
1. Petitioner Mr. Rehman Aftab Alam has filed a suit against his wife (since divorced) seeking recovery of Rs. 6,66,500/-.
2. The case is stated to be at the stage of final arguments.
3. During the pendency of the above said suit, plaintiff (petitioner herein) moved an application under Order XVIII Rule 17 read with Section 151 CPC seeking permission to further cross-examine DW-1 Smt. Salma Bano.
4. As per above application, his assertion was that the case was earlier fixed for cross-examination of defendant on 23.01.2018, and that he wanted to cross-examine her on some relevant aspects but the learned Court did not allow him to put various relevant questions and discharged the witness, in a hurry. He contended that due to incomplete cross-examination, if the permission is not granted, he would suffer immensely as the eventual decision might be, therefore, also against him. It is also submitted that petitioner has now engaged a counsel and would conduct further cross-examination through his such counsel.
5. All such contentions have been refuted by Ms. Khan, learned DHCLSC counsel for respondent. She submits that the petitioner is merely interested in delaying t
The court upheld the trial court's discretion in denying further cross-examination, stating no compelling reasons were shown by the petitioner for such a request.
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 assurance of a fair trial requires substantial grounds for transfer, as mere apprehension of bias is insufficient to justify moving a case.
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 right to a fair trial includes effective cross-examination, but courts may disallow irrelevant questions to maintain judicial efficiency.
A party's right to cross-examine a Commissioner in partition proceedings must be observed before opposing parties in order to maintain procedural fairness, particularly subsequent to objections raise....
The right to cross-examine is a fundamental part of a fair trial, which must be upheld even in cases involving procedural delays.
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