Evidence
Shailabh Nagori
(Querist) 24 September 2017
This query is : Resolved
In eviction suit, my tenant/defendant had filed his affidavit in evidence but failed to appear for his cross-examination on the ground of his suffering from paralysis which excuse the court allowed. Further, the court allowed his 2 sons who were claiming themselves to be assisting their father in the suit shop from the very beginning, to appear as witness and were cross examined. Now, the case is at the stage of final arguments. What is the effect of:-
a) the tenant/ defendant not appearing for cross-examination,
b) his sons deposing themselves when their father is alive.
Rajendra K Goyal
(Expert) 24 September 2017
Either you should have challenged the orders to include sons in such condition or let the case proceed.
P. Venu
(Expert) 24 September 2017
The fathers deposition being incomplete ignored; only the deposition of the sons are of evidentiary value.
Shailabh Nagori
(Querist) 26 September 2017
Will it make any difference if immediately after the commencement of cross-examination of the tenant/defendant he was prevented from deposing.
Guest
(Expert) 26 September 2017
Difference or no difference, yours is quite a vague query, as that lacks in a very crucial information, whether the father is your tenant or the sons and how the court allowed the sons to give evidence for and on behalf of their father?
Further, about what you have asked here, could well have been guided by your own lawyer through whom you are fighting your case. You could have come here to take 2nd opinion only after taking the views of your own lawyer.
Guest
(Expert) 26 September 2017
It seems, Mr. Jigyasu seems to have been able to smell the hypothetical academic query, if that be to have been put by the author.
Of course, I am convinced on the views of Mr. Jigyasu.
