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L. VICTORIA GOWRI
Chinnaiah – Appellant
Versus
Valliammal – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order passed in memo dated 04.09.2015 filed by the plaintiff / first respondent in O.S.No.172 of 2010 on the file of the I Additional District Judge (PCR), Thanjavur.)
This Civil Revision Petition is filed against the order passed in Memo dated 04.09.2015 filed by the plaintiff / first respondent in O.S.No.172 of 2010 on the file of the I Additional District Judge (PCR), Thanjavur. For the sake of convenience, the parties herein are referred to as arrayed in O.S.No. 172 of 2010.
2. The revision petitioner herein is the fourth defendant in the said Memo. The suit in O.S.No.172 of 2010 was one for partition. After the filing of proof affidavit of examination-in-chief by the third defendant, a Memo was filed by the first respondent / petitioner / plaintiff stating that, the ''third defendant'' is the wife of the fourth defendant. Though they have filed separate written statements, they have no conflicting interest adverse to each other. They do not make any claim against each other as well. The written statement filed by both of them are one and the same and in the said cir
The right to cross-examine a witness is confined to a party with adverse interest as per the provisions of the Indian Evidence Act, and this principle applies even in a suit for partition where all p....
Cross-examination by non-adverse parties is permissible; objections must be raised during evidence proceedings.
The main legal point established in the judgment is that the Code of Civil Procedure, 1908 does not permit calling the other party to the suit only for the purpose of cross-examination and condemns t....
A party cannot be compelled to testify against their own interests, and the court must exercise discretion in allowing the summoning of witnesses, particularly when there is a conflict of interest.
A pendente lite purchaser is entitled to cross-examine witnesses to substantiate his case, and the court has the discretion to recall witnesses for clarification.
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