2008 (2) TMI 966 - HC - Indian Laws

Court affirms denial of cross-examination in civil suit, emphasizing parties' right to examine witnesses.

Vijaya Versus. Saraswathi and Ors.

The Court upheld the decision to disallow cross-examination by the petitioner, the fourth defendant in a civil suit, of a witness who was the plaintiff in ... - Issues involved: Cross-examination of a witness in a civil suit.Summary:The judgment pertains to a civil revision petition against an order made in a suit involving multiple parties. The petitioner, the fourth defendant in the suit, sought permission for cross-examination of P.W.1, who was the plaintiff in another related suit. The Court considered whether the petitioner, as a non-adverse party, had the right to cross-examine P.W.1.The Court noted that the petitioner's claim was aligned with P.W.1's case and no adverse statements were made against P.W.1 in the petitioner's written statement. Citing legal precedents, the Court emphasized that the right to examine a witness is typically reserved for the party who brought the action and the adversary party. Since there was no conflicting interest between the petitioner and P.W.1, the Court upheld the decision to disallow cross-examination by the petitioner.Referring to relevant sections of the Indian Evidence Act, the Court reiterated that the examination and cross-examination of witnesses are limited to the parties directly involved in the case. As the petitioner did not establish an adverse relationship with P.W.1, the Court affirmed the lower court's order disallowing cross-examination by the petitioner.Ultimately, the Court confirmed the order of the Subordinate Judge, dismissing the civil revision petition and closing the connected petition without any costs.