legal provision
chiranjib mukherjee
(Querist) 03 July 2008
This query is : Resolved
In a Money Suit, the plaintiff deposed the Ld. Court and his examination-in-chief had been completed and cross-examination was deferred on the prayer of the advocate on behalf of the defendant and thereafter the plaintiff expired.Whether his deposition has got evidentiary value?
Srinivas.B.S.S.T
(Expert) 04 July 2008
As far as my knowledge is concerned as the witness has not been subjected to cross examination his evidence will have no value and it will be eschewed . Correct me if I am wrong.
Brijesh Chauhan
(Expert) 04 July 2008
As per sec 33 of evidence act, statement made before the court by a person who is dead is admisible only if he had been cross-examined by the adverse party, when he had a reasonable oportunity to do so. here in the case,here desead witness was not cross-examined ,as it was defferd.....( reseason for deffering the witness not given) .. so, due to non - examining of the witness this statement have no evidenty value in the present circumstances.
KamalNayanSaxena
(Expert) 04 July 2008
The statements, declarations or deposition made before court by a person who could not crossexamined due to his death are receivable to prove ancient rights of a public or general nature. The admissibility of such statements is however, considerably weakened if it pertains not to public rights but to purely private rights. however, if in his deposition he admitted any fact in favor of defendent, the deposition shall be admissible up to that fact only.
chiranjib mukherjee
(Querist) 05 July 2008
The deceased witness was cross-examined partly and then it was deferred on the prayer of the defendant side
Srinivas.B.S.S.T
(Expert) 30 July 2008
Then the evidence will be taken into consideration upto the facts admitted in the cross-examination only. IF the otherside lawyer files a fresh cheif affidavit after incorporating the legal heirs, then the previous affidavit will be eschewed by the court.
