Procedure to follow
Krishna
(Querist) 15 May 2015
This query is : Resolved
I HAVE FILED A CIVIL SUIT. I AM APPEARING PARTY IN PERSON. I WANT TO CONTRADICT ONE OF MY OWN WITNESS. WITNESS CROSS-EXAMINATION IS OVER ON LAST DATE. I WANT TO USE SECTION 145 OF EVIDENCE ACT. SHALL I NEED TO MADE AN APPLICATION IN THE COURT TO USE THIS SECTION. OR IS THERE ANY OTHER ACTION OR ANY OTHER REMEDY AVAILABLE IN THE LAW.
Devajyoti Barman
(Expert) 15 May 2015
Yes, you have to file an application for recalling the witness.
Unlike in criminal case in civil suit , however, one cannot cross-examine his own witness.
Guest
(Expert) 15 May 2015
Any purpose to contradict your own witness?
Krishna
(Querist) 15 May 2015
HE HAS GIVEN THE FALSE STATEMENT IN THE COURT. THAT STATEMENT IS AGAINST ME. WITNESS IS A PUBLIC SERVANT. I HAVE DOCUMENTARY PROOF THAT HE IS LYING IN THE COURT.
Guest
(Expert) 15 May 2015
Although Shri Devajyoti Barman has already replied your question, BUT YOUR QUERY IS PURELY OF AN ACADEMIC NATURE. I also know what is your specific requirement to solve your academic query. But, don't intend to make my reply unless I am satisfied that it is your real problem in a real case, not being hypothetical & academic.
In the absence of the background of the case, several questions arise out of your NIL description of the case. However, please clarify the following issues, for example:
1) What is the real charge on which you are fighting?
2) Against whom (Govrnment or private person) you have filed the case?
3) Whether the public servant has been quoted as official witness on some Government transaction or quoted privately, as your own private witness to prove the charge against the defendant?
4) When you have documentary evidnce, did not you examine him with reference to that document? If not any reason therefor?
5) What was the purpose of quoting that witness as your own prosecution witness when you did not have any control over him?
Krishna
(Querist) 15 May 2015
1. it is civil suit. the real issue is regarding entry of bunglow.
2. against society i have filed the case.
3.public servant has quoted on plan sanctioned by government.
4. i today only got that document under RTI
5. how can i control government employee?. it is expected from government employee that they will the truth in the court.
Rajendra K Goyal
(Expert) 15 May 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Course-of-action-537501.asp#.VVXgNrmqqko
Guest
(Expert) 15 May 2015
Too short & vague replies to my queries. I have asked about the real charge, not issue.
Information is quite vague. For example, what is the link between the entry of bangalow, society, Government employee in connection with sanction of plan, etc.?
Do you mean to say that plan is sanctioned by the Government, not the local body or the development authority?
You have stated, "today only got that document under RTI" that means you received the information nearabout the midnight/ early hours (say 00.00 AM), as you posted your original query only 20 hours ago, i.e., after 00.00 AM. By the way, which post office delivers mails in midnight in reply to RTI?
sukanya (Joyce)
(Expert) 15 May 2015
Krishna Ji, as expert PS Dingree asked u many questions to get clear question from u to reply the anwer , but kindly clear n brief questions will help both u n experts to reply.
well only civil suit u told, but what case it is? entry of banglow....easmentry right, or declaration suit, or which suit under which provision?
well ,
recall the witness n before he enter the witness box, contact him show him the Xerox copy of document which u took a defense in ur case then discuss the issue then allow again to adduce the evidence.
sukanya (Joyce)
(Expert) 15 May 2015
teach your wittness , to depose the case as per documentation he issued, n help him understand that if he be cross examined, what replies he has to give to ur opposite lawyer. make such things ready n proceed.
here experts are there to reply ur oral querry be specific to know the issue.
Krishna
(Querist) 15 May 2015
TODAY MEANS 14/05/2014. I HOPE EVERYONE UNDERSTAND THAT. WHILE POSTING I HAVE NOT EXACTLY SEEN THE TIME.PLAN HAS BEEN PASSED BY DEVELOPMENT AUTHORITY WHICH IS GOVERNMENT BODY. REAL CHARGE IS CORPORATION HAS TOLD LIE IN THE COURT AND HAS NOT ANSWERED AS PER PLAN PASSED BY THE AUTHORITY.
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
The author chooses not to answer to the points raised by expert Dhingra hence the limited replies given by experts should be a sufficient opinion to the query posted with briefest information by the author.
