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2008 Supreme(Ker) 176

M.N.KRISHNAN
N. Ramraj – Appellant
Versus
Madhu – Respondent


Advocates Appeared:For the Petitioners:P. Vijaya Bhanu, M. George Thomas, Advocates. For the Respondents:Renjith Thampan, R1, P.B. Sahasranaman, Advocates.

Judgment :

This review petition is preferred to review the judgment date 12.2008 passed by me in W.P.(C)No. 35596 of 2007. When the said matter was argued before me it appeared that permission was sought for putting leading questions on chief examination and on the basis of the same, I had disposed of the matter. Now the picture is clear. Documents are available and what is to be considered is as follows: The plaintiff had examined one Asokan, son of Ganesan as PW2. He had stated in the chief affidavit certain basic factors. When he was cross examined, he had given a go bye to those statements and so when it reached the stage of re-examination, the plaintiff’s counsel wanted to put leading questions under Section 154 of the Evidence Act. Now the question is whether permission can be granted for such questions in re-examination. I am not going into the truthfulness or otherwise at this stage for the reason that it may affect the result of the case. But when a witness speaks contradictory to what he has sworn in the chief examination, there is nothing wrong in raising an apprehension in the mind of the person who has summoned him as a witness that the said witness has crossed the side


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