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Party in person

(Querist) 01 February 2015 This query is : Resolved 

Sir
If senior advocate not provide NOC or avoiding for the same, can its possible to cross examine the petitioner as party in person ?

How court will allow to cross examine the petitioner as party in person
Devajyoti Barman (Expert) 01 February 2015
You can bring this to the notice of the court and bar association to which he is a member.
S. S. Rathi (Querist) 01 February 2015
But I have file memo application in person stated that ready to cross examine the petitioner and other persons and same is handover to hon'ble court in court room but same was neither accepted nor rejected even read while mention as no presentation
S. S. Rathi (Querist) 01 February 2015
On next date also i have take objection for marking of documents as no relevant with suit and ready for cross but honble court mention that junior advocate and me present & im request for time to cross?
i have doubt that no cross mark on next date while im ready to cross petitioner and others. Yet no witness file by petitioner alleging blank envelops send to directors
pls guide me urgently
S. S. Rathi (Querist) 01 February 2015
: PW1 called absent. No representation call on ------2015 on payment of costs of Rs.100/- for Marking of Documents and cross examination of PW1


: Costs paid PW1 present. Ex.A1 to Ex.A-- are marked. Defendant and Junior Counsel for Defendant present At request of Defendant call on ------2015 for Cross Examination of PW1 finally.
S. S. Rathi (Querist) 01 February 2015
pls guide me
Dr J C Vashista (Expert) 02 February 2015
@ Rathi,
1. You are plaintiff or defendant, not clear.
2. You can cross-examine the witness even without engaging an advocate (senior or junior)and the court cannot disallow.
3. On the other hand can you distinguish between marked and exhibited, have you thorough knowledge about the Evidence Act, what to be asked and what to be left untouched/un-asked from the witness. Can you confront the documents to witness?
4. Although it is a good ground and case for learning but no learning without proper guidance, "GURU BINA GYAN NAHIN" a saying, you will agree.
5. It is advisable and better to engage some local lawyer in your own benefit and interest.

Rajendra K Goyal (Expert) 03 February 2015
Agree with the expert Dr J C Vashista. It is better for your case to be proceeded through some lawyer.
T. Kalaiselvan, Advocate (Expert) 04 February 2015
Now the case is posted for cross examination of PW1, if you are confident enough, you can make representation before the court that you are ready to go ahead with the cross examination as party in person, but beware of the risks involved.
c.p.s. ramachary (Expert) 05 February 2015
Cross examination is an art which some senior lawyers can only handle the matter with their knowledge and experience. Cross examination is double edged tool it may cut the opponent or the user himself.
There is no bar for you to represent the case as a party in person subject to the above expertise


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