Re-cross examination of opposite party


HI Experts,

I have a GWA case in court. The opposite party was cross examined by my lawyer; however, he did not ask the relevent/necessary questions which were prior discussed amongst us (me & my lawyer).

I want to know if I can request for re-cross examination of opposite party and what should be the reason to be given?

Request your help!!

Regards

 
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Move an application to recall the witness for further cross examination as material questions have been left to put.  The court may decided its fate.


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Thank you Sir for your quick response.

Also please guide if changing my lawyer will also impact court's decision?

 
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Your counsel had ample opportunity to cross examine the witness but either due to lack of knowledge or negligence he didn't ask material questions so now court will hardly allow you to further cross examine the witness.
 
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Thank you Sir.

Would it help if I move an application under Section 311, stating that since my lawyer did not ask the relevant questions regarding the case and I promise not to ask the same questions again on the same day without wasting any more time of the court.

When the custody case was initiated, my wife was staying alone and now she states that her mother is staying with her. Can I cross examin her mother now (she is not part of the case yet and has not been names in evidence list as well by my wife)

Few points I wanted to clarify:

In her affidavit statement she has mentioned an address which she left a long time back. My lawyer did not ask questions about it (as discussed).

She is staying with a man and I have proofs of him staying with her, but my lawyer did not ask her about that either.

Regards,

 
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Yes Mr. simba, 

this is my biggest fear. As a party to the suit, you could have volunteered to cross your wife. The lawyer has so many files running on in his mind. Since you discussed extensively with the lawyer you could have at least found out whether you are entitled to cross the OP. 

 
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You are correct Mr Rishi,

I want a guidance from experts here on what my future course of action should be?

The court has given a date for next month and has asked wife to submit the evidences (if any). If in case there no more evidences from wife's side, arguments will start.

Is there still time when I can take steps to strengthen my case and get a re-cross examination of my wife done once again?

 
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Try to find out from the bench clerk whether anything can be done. You should always keep the bench clerk happy. Even though he may not be a lawyer or judge, he may , with his experience of witnessing many peculiar situations, may be able to help you as he knows the moods of the judge. Hope this helps. 


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Thanks Mr Rishi,

Will surely work on this advise.

Are there any other advises from other experts??

Would really appreciate all the help!!

 
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