Legal Question in Real Estate Law in India
Witness & CIVIL PROCEDURE CODE
wITNESS HAS BEEN EXAMINED & ALSO CROSS-EXAMINED. now, the witness has been allowed to give statement on the whole of the case. This statement of the witness is not being allowed to be cross-examined. He has now, raised certain new issues, clearly, to fill-up the lacuna in the evidence already led.My question is as to on which statement(examined & cross-examind or the new statement & not allowed to be cross-examined) the court shall relly while making decision?Although parts of the new statement are contradictory to the earlier evidence led.This is a suit for property.
4 Answers from Attorneys
Re: Witness & CIVIL PROCEDURE CODE
Why the second statement was recorded by the court? Details are missing. You have every right to examine the witness,so move necessary application and file revision in higher court if you are not allowed to cross examine the witness.
Re: Witness & CIVIL PROCEDURE CODE
Your question lack material particulars. It is not clear as to in which proceedings the statement was recorded and under what circumstances?. I may tell you generally the statement which has been tested by cross-examination shall no be read against the party.
Re: Witness & CIVIL PROCEDURE CODE
your query is missing out of certain facts. well in this case you can move your case for a revision application to the higher court if you are not allowed to cross examine the witness
Re: Witness & CIVIL PROCEDURE CODE
Evidence of a witness without cross examination is not regarded as evidence. However, it is not clear as under which provisions a witness already examined gave a statement. Please clarify for proper reply.
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