cross examination

kumar sachin (Querist) 06 December 2008 This query is : Resolved
can the witness of one defendant be cross examined by another defendant.

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Vinjamuri Venkata Rao (Expert) 06 December 2008
Why Not

if collusive with another Defendent,first another defendent cross examined? or Plaintiff first and then defendent

RAKHI BUDHIRAJA ADVOCATE (Expert) 06 December 2008
I do agree with my Ld. friend.

G. ARAVINTHAN (Expert) 06 December 2008
Any party to a suit have right to cross examine other party to the suit.

Adv.Shine Thomas (Expert) 06 December 2008
Yes,I agree with my friends.

anonymus (Expert) 07 December 2008
I am sorry i differ from u all. sec 137 enables only the adverse party to cross examine a witness.It reads" the examination of a witnessy, by the adverse party..."
similarly sec 138 also says that only the adverse party can cross examine if he wants to.
So cross by co defendant if he is not an adverse party or if collusive. further even if the plaintiff and some of the defendants are collusive they cannot cross examine each other. there r several decisions of sc and hc in this regard.

kumar sachin (Querist) 08 December 2008
thanx mehbub sir,
in my opinion too,
but due to some contradictry opinions i wanted it to be discussed in this forum.

can u please give references of those decisions of sc and hc in this regard.

thanx

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