Cross examination
vinod sharma
(Querist) 25 September 2011
This query is : Resolved
A PERSON HAS FILED A SUIT FOR SPECIFIC PERFORMANCE ON THE BASIS OF A PHOTOCOPIED AGREEMENT AND A RECIEPT IN ORIGINAL . THE AGREEMENT HAS BEEN DENIED BY ME . THE CBI CFSL HAS DECLARED THE RECEIPT AS FORGED DOCUMENT . THE PLAINTIFF HAS SHOWN HIS SON AS THE ATTESTING WITNESS ON THE FORGED RECEIPT AND PHOTOCOPIED FORGED AGREEMENT . NOW MY QUERY IS THAT I WANT TO CROSS EXAMINE BOTH THE PLAINTIFF AND HIS SON IN THE COURT ON THE SAME SAME DAY . PREFEREBLY THE SON FIRST AND SIMULATEAOUSLY THE PLAINTIFF . IS THEREF ANY PROVISION IN THE LAW UN DER WHICH I CAN COMPEL THE PLAINTIFF AND HIS SON ( WITNESS ) TO BE CROSS EXAMINED ON THE SAME DAY . MY LAWYER IS SAYING THAT I CANNOT COMPEL THE PLAINTIFF TO BRING HIM SELF AND HIS SON FOR CROSS ON SAME SAY. FURTHER IF THE BOTH THE PLAINTIF AND HIS SON WHO IS THE ATTESTING WITNESS ARE NOT EXAMINED ON THE SAME DAY MY CASE WILL SUFFER VERY MUCH AS TRUTH AND FORGERY COMMITTED BY THE PLAINTIFF AND HIS SON MAY NOT COME OUT . REGARDS VK
vinod sharma
(Querist) 25 September 2011
PLEASE REPLY URGENT
vinod sharma
(Querist) 25 September 2011
PLEASE REPLY URGENT
vinod sharma
(Querist) 25 September 2011
URGENT AS EARLY AS POSSIBLE
Chanchal Nag Chowdhury
(Expert) 25 September 2011
Not required. It is for the PLAINTIFF to prove his case & so, the docs. will have to be proved by him. When he/they comes to the witness box, U can xx-examine him/them. Moreover, xerox copy of agreement does not satisfy the test of secondary evidence. If he fails to prove, he loses.
However, if the docs. are exhibited, U can prefer an application u/s 340 CrPC. so that the civil court takes cognisance of the offence of perjury & transfers the case to a Magistrate's court for trial.
ajay sethi
(Expert) 25 September 2011
your lawyer is absolutely correct . you cannot force cross of ftaher and son on same date . even if date is fixed for corss on many occasions case gets adjourned as courts may be busy in some other matters .
you cannot dictate terms to the court
Shastri J.K.
(Expert) 25 September 2011
I agree with mr.ajay sethi
.
Shailesh Kr. Shah
(Expert) 25 September 2011
I do agree with common opinion of all experts.
niranjan
(Expert) 25 September 2011
Why photocopy,where is original? whether has he pleaded that it is lost and police complaint filed?What about other attesting witnesses? At first instance photocopy cannot be exhibited unless he makes out a ground.Even if the sale agreement is exhibited,there are many other grounds on which the suit can fail,so also concentrate on other points also.Granting specific performance is a matter of discretion and even if it is lawful to do so,the court may not grant specific performance.
Raj Kumar Makkad
(Expert) 25 September 2011
How can you say that if son and his father are not examined, your case shall suffer adversaly?
If your case is perfect, it hardly matters when both of them come in witness box. You counsel has to make his cross-examination as per pleadings and chief of such witness so trust upon him or tel the required provision to court, your lawyer and we experts so that we all may also be benefittted. You have to follow legal provisions and plantiff cannot be compelled by court or you to bring all witnesses on a single day and they be confined therein till their cross-examination is completed.
