Non Appearance of Plaintiff's Witnesses

x (Querist) 29 September 2010 This query is : Resolved
If the Evidence is closed because of Non Appearance of Plaintiff's Witness for Cross Examination, can the Witness' Evidence that he submitted in form of an Affidavit be used against the Plaintiff by the Defendant?

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Devajyoti Barman (Expert) 29 September 2010
No because the whole evidence will be expunged , not the cross examination only.

x (Querist) 30 September 2010
Is there a way as to use the Evidence even if the witness is not cross examined?

R.Ranganathan (Expert) 30 September 2010
Yes. His proof affidavit can be taken into consideration. Further an adverse inference is presumed against him when the witness does not appear for cross examination and the Proof affidavit filed can also be used for giving judgements.

Advocate. Arunagiri (Expert) 30 September 2010
If the witness does not turned up for the crossing you can approach the Civil Court for issuing the arrest warrant against that witness. This will help you to procure the witness.

Rajeev kulshreshtha (Expert) 30 September 2010
No.But you can follow the procedure proposed by Mr. Arunagiri.

Parveen Kr. Aggarwal (Expert) 30 September 2010
Yes. The affidavit can be used by the defendant against the plaintiff even if the witness has not been cross-examined. AIR 1984 Delhi 20

Kirti Kar Tripathi (Expert) 30 September 2010
Yes, The view of Mr. Rangnathan & Parveen Kr. Aggarwal is correct.

DEFENSE ADVOCATE.-firmaction@g (Expert) 30 September 2010
Without cross examination the afadavit has no evidence value.

s.subramanian (Expert) 30 September 2010
I agree.

x (Querist) 06 October 2010
Thank You all.

Guest (Expert) 06 October 2010
Yes ,its true that "Without cross examination the affidavit has no evidence value."

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