Civil suit

Advocate@Law Field (Querist) 04 October 2013 This query is : Resolved
I have filed a Civil Suit for recovery of money. The evidence alongwith the original documents has been filed and matter was cross of the Plaintiff. Now after 2-3 adjournments taken by the Plaintiff I have objected to the same and prayed that cross may be closed and Hon'ble Court has passed such Order.My query is that at this stage, under which Section/Order the Defendant will file application to allow to conduct plaintiff's Cross and what remedy I have if the Court allows to conduct cross of the Plaintiff. secondly can i ask for the cost if defendant will be allowed to conduct the cross?

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ajay sethi (Expert) 04 October 2013
defendant will take out notice of motion for setting aside order closing the cross or go in appeal . the court may allow application in interest of justice on payment of costs

V R SHROFF (Expert) 04 October 2013
Order of "NO cross " can be set aside on application, imposing cost.

Rajendra K Goyal (Expert) 04 October 2013
Application for setting aside the order be moved, if not accepted, appeal can be filed.

Advocate Bhartesh goyal (Expert) 04 October 2013
Usually court allows and set aside the order of forfeiting the right to cross examine on subject to payment of cost in the interest of justice otherwise defendant has to go and challenge the order in higher court.