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GURBIR SINGH
Gurbux Kaur – Appellant
Versus
Gurdev Kaur – Respondent
Judgment
Mr. Gurbir Singh, J.
Challenge in this revision petition is to the order dated 20.09.2023 (Annexure P-1), passed by learned Civil Judge (Junior Division), Jalandhar (hereinafter referred to as – the Trial Court), whereby application filed by the plaintiff/petitioner for re-calling Harkrishan Lal, Nambardar (PW-2), for his further cross-examination by defendants/respondents, has been dismissed.
2. The brief facts, as culled out from the petition, are that the plaintiff/petitioner filed suit for declaration and mandatory injunction. The suit is being contested by the defendants. After framing of issues, plaintiff/ petitioner led evidence and also examined Harkrishan Lal, Nambardar as PW-2. His part cross-examination was recorded and the case was deferred for his further cross-examination. Thereafter, the said witness did not appear and the plaintiff/petitioner closed his evidence.
3. Learned counsel for the petitioner has argued that respondents no.1 to 4 filed written statement. They also filed counter-claim. Learned counsel for the petitioner has further contended that at the time of going through the entire evidence, while preparing the arguments, it has transpired that e
The court ruled that procedural rules should facilitate justice, allowing further cross-examination of a witness to ensure fairness in the trial process.
Despite ample opportunities already granted, the court may allow one more opportunity to recall a witness for cross-examination, subject to the payment of costs to the opposing party.
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 ....
The interest of substantial justice should prevail over procedural law when there is a conflict between the two.
The necessity of cross-examination for uncovering the truth and adhering to the principles of the Indian Evidence Act, 1872.
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