Evidence Act limits cross-examination to the adverse party; a pro forma defendant without pleadings cannot participate as such.

Sections 137 and 138 of the Evidence Act confine examination, cross-examination and re-examination to the party calling the witness and the adverse party. A defendant that has not filed a written statement and has not established an independent contesting position cannot claim a right to cross-examine, including friendly cross-examination, merely because it has been impleaded. Evidence is also limited by Section 5 to facts in issue and relevant facts. On this reasoning, a pro forma defendant without adverse-party status has no right to examine or cross-examine the plaintiff's witnesses or to lead evidence in that capacity.

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Issues: Whether a pro forma defendant who has not filed a written statement and is not an adverse party can examine or cross-examine the plaintiff's witnesses, either friendly or otherwise.

Analysis: The scheme of Sections 137 and 138 of the Indian Evidence Act, 1872 confines examination, cross-examination, and re-examination to the party who calls the witness and the adverse party. Section 5 further shows that evidence is admissible only in relation to facts in issue and relevant facts. A defendant who has not put forward a contesting case by pleading and whose asserted interest is not presently adverse to the plaintiff cannot claim a right of cross-examination merely because it is named as a defendant. On the facts found, the pro forma defendant had not established an independent contesting position and sought to participate without the status of an adverse party.

Conclusion: The pro forma defendant had no right to examine, cross-examine, or friendly cross-examine the plaintiff's witnesses, nor any right to lead its own evidence in that capacity.

Final Conclusion: The request to participate in the examination of witnesses was rejected, and the pro forma defendant was held not entitled to act as an adverse party for purposes of evidence.

Ratio Decidendi: The right to examine or cross-examine a witness under the Evidence Act belongs only to the calling party and the adverse party, and a non-contesting defendant without pleadings cannot claim that right merely by being impleaded.

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