https://www.taxtmi.com/caselaws?id=174622 Section 33 of the Indian Evidence Act permits prior testimony from an earlier judicial proceeding when the witness is unavailable and the statutory conditions are met. The second proviso protects the party against whom that evidence was originally given, namely the party who had the right and opportunity to cross-examine the witness in that proceeding. A party who produced and examined the witness in the earlier case is not treated as the protected adverse party. On that construction, the prior evidence was admissible in the later proceeding, subject to proof and weight at trial, and the refusal to receive the testimony could not stand. en-us Tue, 29 Aug 1995 00:00:00 +0530 Tue, 13 Oct 2015 12:48:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174622 Section 33 of the Indian Evidence Act permits prior testimony from an earlier judicial proceeding when the witness is unavailable and the statutory conditions are met. The second proviso protects the party against whom that evidence was originally given, namely the party who had the right and opportunity to cross-examine the witness in that proceeding. A party who produced and examined the witness in the earlier case is not treated as the protected adverse party. On that construction, the prior evidence was admissible in the later proceeding, subject to proof and weight at trial, and the refusal to receive the testimony could not stand. Case-Laws Indian Laws Tue, 29 Aug 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174622