Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
G. Balaiah – Appellant
Versus
K. Anasuyamma – Respondent
ORDER :
1. These Civil Revision Petitions are filed by the petitioner under Article 227 of Constitution of India aggrieved by the orders passed in I.A.Nos.788, 789 and 787 of 2018 in O.S.No.1588 of 2009 on the file of IV Junior Civil Judge, City Civil Court, Hyderabad.
2. Heard Sri Mohammad Rafee, learned counsel for the petitioner and Sri P.S. Tejas, learned counsel representing Sri Naga Anil Kumar, learned counsel for the respondents.
3. The I.A.No.788 of 2018 is filed to recall the order dated 19.09.2018 and to set-aside the order of forfeiting the right of cross-examination of DW-1 and I.A.No.787 of 2018 is filed to reopen the matter for the purpose of cross-examination of DW-1 and I.A.No.789 of 2018 is filed to recall the DW-1 for the purpose of cross-examination of DW-1. As the three applications are arising out of the same suit, the I.A.Nos.787 and 788 of 2018 were ordered to be closed in view of the order passed in I.A.No.789 of 2018. Therefore, the C.R.P.No.7360 of 2018 would be the leading case which is filed against the order passed in I.A.No.789 of 2018 in O.S.No.1588 of 2009 and the result of remaining two petitions depends upon the result of this present petition.
4. The
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 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.
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
