18 July 2012
sir in a suit, the defendant has filed chief examination affidavit, but failed to enter into witness box. though sufficient opprtunities were given to the defendant, defendant avoided witness box. in the suit judgment, the hon'ble court has stated that as the defendant has not entered into the witness box, the chief examination affidavit can not be considered and it is to be treated as unchallanged chief examination affidavit. It is also further stated that the chief examination affidvit is Eschevied or something. sir what is the meaning of eschevied?. now the defendant has prefered an appeal in higher court, by taking the above as a ground, that though chief examination affidavit is filed the lower court has not considered, it should be considered at this stage.
sir if the defendant avoided entering into the witness box,the high court will consider the chief examination affidavit or consderes as unchallenged only as lower court taken decision. is there any Supreme Court citation with regard to the above unchallanged chief examiantion affidavit.
18 July 2012
untested evidence is no evidence . if fdefendant has merely filed affidavit by way of examination in chief but failed to offer himself for cross the affidavit cannot be relied upon . th court will not consider the affidavit in appeal