Evidence act
Sonia Prabhu
(Querist) 12 March 2012
This query is : Resolved
FACTS :
If there are two defendants in a case (A & B) and both have given a common WS in the initial stage. But as the case developed both separated out and one of them (B) appears in person.
QUES: Can (B) take the cross examination of (A) if (A)is appearing as witness and has filed her affidavit which does not cover all points to safe guard def (B) ?
Raj Kumar Makkad
(Expert) 12 March 2012
B being the defendant has got every right to cross-examine A while he appears in his evidence.
Deepak Nair
(Expert) 12 March 2012
Yes. B can cross examine A.
V R SHROFF
(Expert) 12 March 2012
B has every right to examine A
Advocate Bhartesh goyal
(Expert) 12 March 2012
A defendent can cross examine other defendent if his rights and interest clashes.
Sonia Prabhu
(Querist) 12 March 2012
Thanks for the help. Yes Adv Bhartesh I have shown that they are adverse party but can anyone pls suggest me with some citation ..
Dr V. Nageswara Rao
(Expert) 13 March 2012
1. Under S. 137 of Evidence Act, examination of a witness by the "adverse party" is called cross examination and the party may be "adverse" even if he is a co-plaintiff or co-defendant if their interests conflict.
2. Cases: Ennon Castings P. Ltd. V. MM Sundresh, A.I.R. 2003 Kant. 293; Kartar Singh v. Thakur Singh, A.I.R. 2003 NOC 130 (Kant).
3. English case: Allen v. Allen, (1894) P.D. 222, at p.254
Deepak Nair
(Expert) 14 March 2012
You are always welcome
M V Gupta
(Expert) 16 March 2012
As A and B filed common WS it goes without saying that there is no conflict of interest. Unless A has given evidence which contradicts the interest of B, cross examination of A by B may not be necessary. On the other hand if A has omitted in his evidence some material facts then the gap can be filled up by B by offering himself as witness.
