Examination of witness

kalpana (Querist) 23 May 2012 This query is : Resolved
my client filed a suit for eviction. he also filed his affidavit of chief examination in the ocurt. documents were also marked through him. now the matter is coming up for his cross examination by the defendants counsel. recently he met with a serious accident and has a brain injury. he is unable to recollect anything. his doctors say it will take more than a year for him to recover. my question his can the court eschew his evidence and permit the plaintiff to examine his wife and children and get the same documents marked through his wife or some one else.

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ajay sethi (Expert) 23 May 2012
untested evidence is no evidence . if your client has suffered an accident his examination in cheif has no value . as he has brain injury and lost his memory he cant be cross examined .

you will have to prove your case by examining any other family member who has personal knmowledge of the case . if wife has personal knowledge examine her

Adv.R.P.Chugh (Expert) 23 May 2012
His testimony won't be relied upon except with regard to matters admitted by the opposite party. At the same time no adverse inference also. Prudence says The judge though cannot place any reliance on his chief, is sure to take it into consideration indirectly and it would bolster other testimonies.

Suhail A.Siddiqui (Expert) 23 May 2012
Try to file other evidences available if any and present other persons who had personal knowledge of evidence with an application your client meet with accident and not in a position could not help court through examination in chief