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Jafer   15 December 2016

Urgent becaue hearing on 19th dec

i have filed an injunction suit agains some persons... now it is at cross examination stage of defandent... the problem is when ever my lawyer puts some tricky question to defence witness, the defence lawyer stands up with certain objections in questions and gives indirect answers or clues to the witness and thus the witness gets alreted.... this happened several times with the same witness.... my lawyer even strongly objected to this with honble court but got no relief.... this is happening again and again... on 19th the same witness is going to continue his cross examination as it was not finished last time... further this is the first witness they filed out of probable 4 they might file in future.... though this is a simple injunction suit... but matter of prestige for both the parties.... i have only two simple questions, would be greatful if someone can answer....

1. Is there special provision wherein i can ask honble court to keep defence counsil out of the hall unless the cross of witness is completed, or any such provision where honble court can put it in strong words for defence laywer not to interviene during course of cross examination. (despite of several objections from my lawyer this has not ended up,, and defence lawyer always stands when ever any tricky question is put up), or is there any provision wherein i can requet honble court to conduct cross examination in closed room,where there is not defence counsil present to intervien. ( kindly note honble court is also not taking this into consideration despite of several request from my lawer, i dont understand why this is happening?)

2. during cross of defence witness he identifiend one of his friend to be present in court hall and this was recorded... now my question is, can the same person who was present in court hall can be presented as another withness of defence at later stage.... i was told by someone that if a certain person was present in court hall during cross of earlier witness he cannot give or be presented as another witness in future in the same case.... if this is true.... what can be done to if he files his name as next witness.... how can we stop him....



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 1 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     15 December 2016

1. File application before the court stating this isnt Argument stag, and Counsel if Allegedly influencing witness which is agaisnt the spirit of justice.

2. Oppostie pary may call for next witness, However you can file your 'Say' as objection which Grounds why he should not be allowed as witness


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