cross examination
naveenraj jain
(Querist) 13 June 2014
This query is : Resolved
My father filed a suit for vacating the tenant. During the course of trial my father was cross examined. On cross examine day I joined him to court since he had undergone heart surgery.
At the time of cross the opp Advocate objected my presence and judge asked me to leave the court hall.
My query to respected experts is even though I was not a party to the suit is there any stipulation that son should not be present or rather how will my presence effect the cross examination.
Devajyoti Barman
(Expert) 13 June 2014
It is god that you were asked to leave court room. Now at least you can give testimony to this suit as a witness.
A person present during evidence of his side can not depose anymore.
naveenraj jain
(Querist) 13 June 2014
Thank you sir. All the while I was in the notion that it was no harm being present since I was not a party to the suit
Dr J C Vashista
(Expert) 14 June 2014
It is the only witness being cross examined who can stay in the Court, none else, which may (rather shall) effect the testimony of witness.
Besides this, if you did not attend cross-examination of your father, you can depose in his favour, it is better for your case, I agree with the expert advise of Sh. Devajyoti Barman.
Advocate. Arunagiri
(Expert) 14 June 2014
Your presence in the court hall will not affect the proceedings, but, when you attempt to assist your father during the witness examination, the court has power to go out of the hall.
ajay sethi
(Expert) 14 June 2014
agree with Mr barman . you can give evidence in support of the case now
Rajendra K Goyal
(Expert) 14 June 2014
Well advised by the experts. Agree to it.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
I agree with the opinion of expert advocate Mr. Arunagiri on this issue. Generally the court will not ask the assistant to leave the court hall, but if it was found that he indulged in assisting the witness while deposing the evidence, it will be justified to ask him to leave the court hall.
