CPC

Querist : Anonymous (Querist) 08 December 2010 This query is : Resolved
In a money recovery suit, the plaintiff marks documents through its only witness. But after marking the documents, the witness did not turn up for cross examination on a few occasions. The court closes plaintiff side evidence. The defendant offers no evidence. Now, the suit is at the stage of arguments. Can the court rely upon the documents marked through the witness who did not turn up for cross examination?. Is there any judgement relevant to the said circumstance?

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Devajyoti Barman (Expert) 08 December 2010
A document has no evidenciary value if the witness who formally proved it was not cross examined.

Khaleel Ahmed Mohammed (Expert) 09 December 2010
yes.

Kirti Kar Tripathi (Expert) 09 December 2010
Credibility of document is doubtful hence no reliance can be placed under the law.

Advocate. Arunagiri (Expert) 09 December 2010
Yes.

Raj Kumar Makkad (Expert) 09 December 2010
Whole evidence of such person shall be discarded whether it was document or any statement in chief on affidavit.

Querist : Anonymous (Querist) 09 December 2010
Thanks to all our experts

s.subramanian (Expert) 10 December 2010
Yes.

s.subramanian (Expert) 10 December 2010
You can request the court to eschew such evidence on the ground that the witness is not willing for cross examination.

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