Right of cross-examination is limited to an adverse party when no conflicting interest is shown between the parties.

Sections 137 and 138 of the Indian Evidence Act confine cross-examination to an adverse party. Where the petitioner's pleadings supported the witness's case and no conflicting interest was shown, the witness could not be treated as adverse to the petitioner. On those facts, no right to cross-examine P.W.1 arose in the petitioner's favour, and the refusal to permit cross-examination was upheld.

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Issues: Whether the petitioner, not being an adverse party and sharing a common interest with the witness, was entitled to cross-examine the witness examined as P.W.1.

Analysis: Sections 137 and 138 of the Indian Evidence Act, 1872 confine cross-examination to the adverse party. On the facts found, the petitioner's pleadings supported the witness's case and no conflicting interest was shown between them. The witness therefore could not be treated as adverse to the petitioner, and no right to cross-examine arose in her favour.

Conclusion: The petitioner had no right to cross-examine P.W.1, and the order refusing such cross-examination was upheld.

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