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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Kalavakuntal Narayana – Appellant
Versus
B. Narsing Rao – Respondent
ORDER :
1. This present Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order, dated 14.06.2022, passed in I.A.No.193 of 2022 in O.S.No.21 of 2011 by the learned Senior Civil Judge at Nirmal.
2.1. Petitioner is the plaintiff and respondents are the defendants in the suit vide O.S.No.21 of 2011.
2.2. Petitioner has filed I.A.No.193 of 2022 under Order XVIII Rule 17 r/w under Section 151 of Civil Procedure Code to recall the Dw1 for further cross examination on his behalf.
2.3. It is mentioned in the cause title of the Civil Revision Petition that respondent Nos.1, 3 to 19 are not necessary parties.
3. It is stated in the application in I.A.No.193 of 2022 that on 04.04.2022 a memo was filed by the petitioner-plaintiff for examining of defendant No.2 as Dw1 without there being any whisper of the evidence of defendant No.1. Since he filed a written statement on his behalf without deciding the said controversy the learned trial Court proceeded to complete the examination of Dw1 (chief examination and cross examination). It is further stated that from the beginning, the defendants are not following the procedure for examination of the witness and
The cross-examination rights of parties in a trial must be preserved according to procedural rules, ensuring fairness in witness examination, which was violated in this case.
The right to cross-examine is a substantive right that cannot be forfeited on mere technicalities, as its denial affects principles of natural justice.
The provision under Order 18 Rule 17 CPC is not intended to fill up lacunae, and repeated applications for recall of the same witness for further cross-examination would not be maintainable.
The main legal point established in the judgment is that a party, after filing a separate written statement and pleading collusion and fraud, is entitled to cross-examine witnesses based on their wri....
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