ANIL KSHETARPAL
Dera Baba Ram Chandergir – Appellant
Versus
Haridev Bharti – Respondent
ANIL KSHETARPAL, J.
1. Plaintiffs-petitioners are in the revision petition against the order dated 20.09.2017 declining their request to declare PW-9 Mukesh Kumar, a witness as hostile and grant opportunity to the plaintiffs to cross-examine him.
2. Learned trial Court has refused to declare Mukesh Kumar, PW- 9 as hostile on the ground that since Mukesh Kumar has been partly cross-examined, therefore, now Mukesh Kumar is a witness of the defendant and the plaintiffs at this stage cannot be permitted to get the witness declared hostile and hence, no permission to cross-examine him can be granted.
3. Section 154 of the Evidence Act deals with such situation. It is extracted as under:-
“Question by party to his own witness – The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.
[Nothing in this section shall disentitle the person so permitted under sub-section (1), to reply on any part of the evidence of such witness].”
4. A reading of the Section 154 does not restrict the operation of the provision to a particular stage in the examination of a witness. A witness can be got
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.