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HIRDESH
Suresh Kumar – Appellant
Versus
Jakir Hussain – Respondent
ORDER
1. This petition has been preferred under Article 227 of the Constitution of India against the order dated 5.1.2023 (annexure P-6) passed in Civil Suit No.14/11 by 3rd Civil Judge, Senior Division, Ratlam whereby the trial Court dismissed the application of the petitioner and respondent Nos.15, 17 and 18 filed under section 151 of CPC for grant of permission for crossexamination of respondent No.14.
2. Brief facts of the case is that respondent No.1 filed a civil suit for declaration, permanent injunction and other reliefs regarding 5 Bigha land of Survey No. 439 and 440, Village-Jaora, Distt. Raltam against the petitioner and other respondents (annexure P-1).The petitioner and respondent No. 15, 17 and 18 has filed joint written statement and denied the suit. The written statement is Annexure P-2. The respondent Nos.7 and 14 also filed a joint written statement i.e. Ex.P-3. The respondent No.14 was examined before the trial court and gave statement against the petitioner and respondent Nos.15, 17 and 18, therefore, petitioner filed an application under section 151 of CPC for grant of permission cross-examination of respondent No.14.
3. Respondent No.1 filed a reply and after h
Co-defendants have the right to cross-examine each other's witnesses if the witness’s testimony is adverse to their interests, emphasizing the fundamental fairness in judicial proceedings.
An advocate in the discharge of his duties to his client must not be hampered by any fear of offending the opposite party or any witness, and in the wake of such a duty it is further pointed out that....
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....
The court affirmed the essential right to cross-examine witnesses fully, emphasizing no counsel should be compelled to conclude cross-examination in one sitting without justified reasons.
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....
The main legal point established in the judgment is the court's authority to set aside a trial court's decision under Article 227 of the Constitution of India when it finds a palpable error in the re....
The denial of cross-examination constitutes serious procedural injustice, necessitating exercise of inherent powers for fairness and justice.
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
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