evidence
anuradha
(Querist) 06 January 2013
This query is : Resolved
respected sir,
this is my first family matter which is came to me after cross examination of applicant and i give witness on behalf of applicant (husband) in divorce case under cruelty ground and after the cross examination of his witness, i had given the pursis of to close evidence in the court, now i want to take further witness for cross examination can i made the application in the court please guide me as early as possible
regards
anu
Raj Kumar Makkad
(Expert) 06 January 2013
Anuradha! If you have to put your side witnesses after the closure of your evidence, move an application seeking additional evidence which ultimately is allowed after imposing some cost etc. but in that case, you can only make examination in chief and not cross-examination but if the situation is otherwise then you can move an application seeking re-call of the witnesses of the other party and then cross-examine them.
anuradha
(Querist) 06 January 2013
Respected sir,
thanks for your valuable opinion but i want to call for the witness which is respondent's earlier advocate because in my case the applicant and respondent are came together in the meanwhile pending the case in the court and respondent filled an affidavit that containing that she had cheated the applicant and she had made mistake and other relevant facts which is identified by her advocate before A.S. and thereafter he gave n.O.C. to the respondent and leave her case. now i want to confirm that whether i can call her advocate to cross examine him to admitting and exhibit the affidavit in which respondent admitted the facts and contain in that affidavit. please
sir guide me!!!
Raj Kumar Makkad
(Expert) 06 January 2013
It is not always good to confront the earlier lawyer with the stand taken by a party after leaving his case. I don't prefer such practice. It is better to oppose the application on merits rather on the issue of the role of earlier lawyer.
Even they you are free to take your own decision as per requirement of the case.
Devajyoti Barman
(Expert) 06 January 2013
Yes you can always ask for giving additional evidence but you have to show credible reason to do so in such a later stage.
