Deposing by our witness
V.N.K. MENON
(Querist) 18 January 2017
This query is : Resolved
Dear experts, I shall be much thankful for your valued opinion/guidance please.
(1) We purchased a plot some time back from “A” when in Delhi transactions could be done through POA and now the party “A” is no more. We have been running a school there since 1999.
(2) Party “B”[lured by greed by the present property scenario] who are heirs of "A" challenged the transaction saying it is a forged document.
(3) A witness “W”who was present when the transaction took place already deposed by way of affidavit in our favour.
(4) Advocate of “B” called the witness “W” for examination-in chief. “W” does not know English. THE CONTENTS WERE NOT EXPLAINED TO HIM IN HINDI THE LANGUAGE KNOWN TO HIM. He signed the English version thinking it to be what he had answered.
(5) When we saw the copy of disposition and explained to him, he said he never admitted such things. OUR ADVOCATE DID NOT EXPLAIN TO HIM NOR MADE ANY PROTEST IN THE COURT AT THAT TIME. It seems he ditched us.
QUERY:
IS THERE AN APPROPRIATE REMEDY?
Whether the “W” can be cross-examined by us/ADVOCATE.
Applicable provisions of Evidence Act may be cited.
Thank you once again for collective wisdom.
R.K Nanda
(Expert) 18 January 2017
have a permanent lawyer for ur so many queries.
V.N.K. MENON
(Querist) 18 January 2017
i myself am a lawyer, not practising for a long time.