Can i force a respondenent to be cross examined ?
Zeeshan
(Querist) 19 February 2025
This query is : Resolved
I filled a case of declaration againt legal heirs of a dead tenant . Total 6 Respondents. They have made fake papers of my father's shop and says that they are the owners. Previously I filled eviction on bonafide requirment where they filled those fake papers.
All respondents filed WS but only one of them (R2) gave evidence and present himself for cross examination.
Other 5 Give WS and evidence affidavit but refuse to appear and get cross examined.
Please reply :--
Can I force one of the respondent (R1) to come and get cross examined ?
What are the benefits for me in above sceneraio ?
Thanks
T. Kalaiselvan, Advocate
(Expert) 19 February 2025
If the respondent has file chief evidence then he is bound to be cross examined.
If a respondent refuses to be cross-examined, the court may draw an adverse inference against their case, potentially leading to their evidence being disregarded or deemed unreliable.
When a party to a case, after giving their testimony, refuses to be cross-examined, the court can infer that their case is not correct or that their evidence is not reliable.
Cross-examination is a crucial part of the legal process, as it allows the opposing party to challenge the credibility and accuracy of a witness's testimony.
P. Venu
(Expert) 17 March 2025
It is not necessary that each respondent, or plaintiff to lead evidence. If a respondent files proof affidavit in lieu of cross examination and does not present himself to be cross examined, averments in the affidavit are of no evidentiary value.
T. Kalaiselvan, Advocate
(Expert) 15 June 2025
If a witness refuses to be cross-examined after their examination-in-chief, their testimony is not automatically discarded.
However, the court will likely give less weight to their evidence because it hasn't been subjected to scrutiny.
A respondent's chief examination is not automatically eschewed (ignored) if they refuse to be cross-examined.
While refusing cross-examination weakens the value of their testimony, the court can still consider the evidence presented during the examination-in-chief if it is relevant to the case.
Zeeshan
(Querist) 15 June 2025
Thanks all for kind reply
