evidence, cross examination

pathan shiyaz khan (Querist) 21 June 2009 This query is : Resolved
can any one provide me a judgment for a pro. issue is whether a party who is a defendent in a suit is supporting the plaintiff in the written statement cannot be said to have an interest in conflict with that of the plaintiff, he has there fore no right to cross examine the plaintiff.

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J K Agrawal (Expert) 22 June 2009
If parties are not at issue there is no question of cross examination but if any issue is there he is having a right to cross examine.

Some times when parties are not at any conflict even yet the courts frame issues to check the truth of contention of plaintiff (just like in succession certificate case). In such a case even defendant is not at controversy even yet he is having a right to cross examine plaintiff's witness.

pathan shiyaz khan (Querist) 24 June 2009
thanks for the reply, but what will be the legal positon if the co-defendant wants to cross examine the another co-defendants witness, does he have the right to cross examine.

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