crossexamination

Querist : Anonymous (Querist) 14 February 2010 This query is : Resolved
If a litigant is unhappy with the Crossexamination of a witness more questions which were overlooked need to be asked, Can the witness be recalled for crossexamination again ?
What are the rules/conditions and reasons on which the witness can be recalled for re crossexamination ?

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Devajyoti Barman (Expert) 14 February 2010
Yes, u/s 137, 138 of the Evidence Act.

B K Raghavendra Rao (Expert) 14 February 2010
Make an application for recall of witness to further cross-examine him. You need to justify the recalling. In the circumstances of additional information being given by your client to you, it may necessitate the witness to be cross-examined to bring out the truth. This could be sufficient reason.

Parveen Kr. Aggarwal (Expert) 14 February 2010
The Court has sufficient powers to re-call and examine a witness at any stage of a suit if it is satisfied that circumstances warrant such re-examination. The provision contained in Order 18, Rule 17 of CPC is reproduced below:

"17. Court may recall and examine witness

The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit."

But it is to kept in mind that it is the satisfaction of the court and not of the litigant for exercise of such powers by the Court. It has been held repeatedly that such powers can be exercised by the Court in rare cases and only when the circumstances of the case permit such re-examination.

adv. rajeev ( rajoo ) (Expert) 14 February 2010
yes. Wittness can be recalled. To recall wittness file an application u/s 151 of CPC in civil case and in criminal caseu/s 311 of Cr.P.C.

Guest (Expert) 14 February 2010
I AGREE WITH MR RAMESH.

CIVIL---- SECTION 151 CPC
CRIMINAL--- SECTION 311 CR.P.C.

Guest (Expert) 14 February 2010
ORDER 18 RULE 17 C.P.C.

Arvind Singh Chauhan (Expert) 14 February 2010
I go with Rajeev Sir and Ajitabh Sir.

Raj Kumar Makkad (Expert) 14 February 2010
I go with all experts.

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