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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
G. Balaiah – Appellant
Versus
K. Anasuyamma – Respondent
| Table of Content |
|---|
| 1. jurisdiction under article 227 of constitution. (Para 1 , 2) |
| 2. context of cross-examination and applications. (Para 3 , 5 , 6) |
| 3. overview of the suit and trial court's conclusion. (Para 4 , 8) |
| 4. arguments regarding failure to cross-examine. (Para 7 , 10 , 11) |
| 5. right to cross-examine as substantive right. (Para 12 , 13 , 14) |
| 6. conditions for cross-examination granted. (Para 15 , 16) |
| 7. final order allowing revision petitions. (Para 17) |
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 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.
A party may be permitted to recall a witness for cross-examination if circumstances change and it is essential for proper defense.
Court may grant opportunity to cross-examine witness despite delays if adjournment sought bona fide in old suits.
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