preposition

jaspreet (Querist) 14 November 2016 This query is : Resolved
Please help me solve this preposition

The petitioner in a probate case examined an attesting witness to the will who was cross examined by the objecter. The evidence of the objecter has begun , the objecter wants to examine, as his own witness , the attesting witness to the will whom he had cross examined earlier. It is his case that the said attesting witness had on an earlier occasion deposed under pressure from the petitioner and now wants to give the correct statement.

The issue is : Whether the objecter can be permitted to examine as his own witness, the witness whom he had cross examined earlier.

What could be the arguments in favour of petitioner???

N can refer any judgement relating to it.

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Devajyoti Barman (Expert) 14 November 2016
A witness can be recalled for the purpose of explaining any evidence in chief or for cross examination.
I am not sure what exactly you meant to say by 'examine as own witness'.

Ms.Usha Kapoor (Expert) 15 November 2016
Agree with Divya Jyothi Barman.

jaspreet (Querist) 15 November 2016
Examine as his own witness hereby means that objecter is saying the person whom he had cross examined is his witness not of opposite party

Rajendra K Goyal (Expert) 15 November 2016
agree with the expert Devajyoti Barman.

Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.

Kumar Doab (Expert) 15 November 2016
"witness had on an earlier occasion deposed under pressure from the petitioner and now wants to give the correct statement."

Agreed with expert Mr. Devajyoti Barman.

Rajendra K Goyal (Expert) 15 November 2016
If the witness say that previous witness before the court was under pressure, his witness may not be believed by the court.

jaspreet (Querist) 15 November 2016
Could i know any judgement regarding this sir....

Ms.Usha Kapoor (Expert) 16 November 2016
Agree with h RK.Goyal.

Rajendra K Goyal (Expert) 16 November 2016
Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.

Guest (Expert) 16 November 2016
Do you have any concern with the case? If so, how you are concerned and what for the judgments are required?

jaspreet (Querist) 16 November 2016
Sir its Moot court preposition....i havent found any judgement relating to it.

Dr J C Vashista (Expert) 17 November 2016
1. Seek guidance of your tutor.

2. How come same witness being examined as "petitioner's" as well as "objector's" evidence?

3. It is misconceived question paper.

jaspreet (Querist) 17 November 2016
Thnku sir every one for the answers

Rajendra K Goyal (Expert) 17 November 2016
Moot court problem not discussed here.

Kumar Doab (Expert) 17 November 2016
You are welcome for your understanding.

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