DEEPA SHARMA
SWAROOP GOPAL – Appellant
Versus
GOLI VENKATESHWAR RAO – Respondent
In this case, the court emphasized that cross-examination of witnesses, including doctors, is not a routine rule but an exception and should be exercised with extreme caution. The discretion to permit cross-examination depends on the specific facts and circumstances of each case. The court clarified that cross-examination of a witness, including a medical practitioner, is permissible when it is necessary to ascertain the truth and when the circumstances justify it.
However, the court also highlighted that cross-examination should not be allowed in a routine manner and must be exercised judiciously, taking into account the nature of the case and the relevance of the cross-examination to the issues involved (!) (!) .
In this particular case, the court found that the order granting permission to cross-examine the doctor was in accordance with the applicable provisions and did not constitute illegality or infirmity. Therefore, cross-examination was not exempted but was permitted based on the case's specific facts and circumstances (!) .
Summary: Cross-examination of the doctor was allowed in this case, but it was not exempted as a matter of routine. It was permitted because the court deemed it necessary to bring out the truth, exercising caution and considering the case-specific circumstances.
JUDGMENT/ORDER :
Deepa Sharma, Presiding Member - The present Appeal has been filed against the order dated 28.06.2018 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short "the State Commission") in I.A. under Order XVI Rule (I) r/w Section 161 of CPC 1908 r/w Section 13 of Consumer Protection Act, 1986 of the Complainant seeking directions to cross examine Dr. Pramod Alagharu, a witness of Opposite Party No.1, Dr. Swarup Gopal, Opposite Party No.2 and Dr. N. K. Venkataramana, witness on behalf of Opposite Party No.3 and 4, whose affidavit has been submitted by the Opposite Party in support of their case. The ground given in the affidavit filed along with this application was that the Complainant wanted to test the veracity of the statement of the witnesses made in their respective affidavits, by cross examining them and that the same was essential to bring out the truth and to demonstrate the true facts.
2. Objections to this application were filed by the Opposite Parties. The main contention was that the application was not maintainable both in law and facts, and defeats the very object of the Act which is expeditious disposal of the proceedings by wa
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