Back
SANJAY VASHISTH
Sarwan Singh – Appellant
Versus
Sukhraj Singh – Respondent
SANJAY VASHISTH, J.
1. By way of present revision petition, order dated 24.08.2023 passed by the Court of Additional Civil Judge (Senior Division), Patti (learned trial Court) has been challenged, whereby, request of the plaintiff for recalling its witness i.e. PW-2 – Resham Singh Deed Writer for conducting the cross-examination, at the instance of the defendant has been declined.
2. Mr. Joginder Pal Devgan, Advocate, puts in appearance on behalf of respondent and files his power of attorney in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place in case file.
3. Counsel for the petitioner submits that plaintiff filed a suit for recovery of an amount of Rs.9,00,000/- along with its interest. Said institution of the suit is based upon the documentary evidence i.e. pro note dated 27.08.2015, scribed by Resham Singh (PW-2).
Further submits that said witness appeared in witness-box and submitted his affidavit Ex.PW-2/A for the purpose of its examination-in-chief but for the purpose of cross-examination, said witness was deferred for the reason that defendant’s counsel was not available. To authenticate the submission, counsel fo
The necessity of cross-examination for uncovering the truth and adhering to the principles of the Indian Evidence Act, 1872.
The court ruled that procedural rules should facilitate justice, allowing further cross-examination of a witness to ensure fairness in the trial process.
Default in prosecuting legal matters justifies closure of cross-examination rights; adjournments must be justified to ensure speedy court proceedings.
The genuine difficulty faced by a party's counsel may justify granting additional opportunities in legal proceedings.
A court may exercise its supervisory jurisdiction under Article 227 to permit the recall of a witness for cross-examination, balancing the right to a fair trial with the necessity of timely judicial ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
