Procedures in a Civil Case in Hon'ble High Court

Querist : Anonymous (Querist) 07 December 2010 This query is : Resolved
I have been attending a High Court case in Person. The process continued for past you years and the current status is producing of witness by the plaintiffs.

I request you to provide information of further process. What are next steps in a Civil Case generally.

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Advocate. Arunagiri (Expert) 07 December 2010
What you are plaintiff or Defendant?
If you are the defendant you have every right to produce the witnesses and cross examine the witnesses produced by the Plaintiff.

Kirti Kar Tripathi (Expert) 07 December 2010
same as in trial court as the high court is trial court in the present case. all the provisions of CPC and Evidence Act shall be applicable.

Querist : Anonymous (Querist) 08 December 2010
May be I could not deliver my question properly.

My case is a Civil Suite and I am a defendant in the same. The Next date is for producing of witnesses by the Plaintiff?

1) What are my rights if Plaintiff does not produce the witness who already submitted affidavit by way of evidence?

2) Can a proxy can tender the evidence?

3) How do I cross Examine the witness? on the same date or can I seek next date for cross examination.?

4) What is next process after cross examination?

sorry to trouble U

thanx

Parveen Kr. Aggarwal (Expert) 08 December 2010
1) In case the plaintiff has filed affidavit by way of evidence but fails to produce such witness for cross-examination, the court may grant further opportunity to the plaintiff to produce such witness for the purpose of cross-examination. You may oppose the grant of such adjournment. In case such witness is produced for cross-examination, you will have to cross-examine him.

2) No. Only a party or his authorised person can act on behalf of a party.

3) When you have been provided copies of affidavits by way of evidence, you may prepare for your questions to be asked in the cross-examination. However, on sufficient cause being shown, the court may adjourn the cross-examination of a witness subject to costs etc.

4) After cross-examination of all the witnesses of the plaintiff, you being the defendant will be granted opportunity to produce your evidence.

Querist : Anonymous (Querist) 08 December 2010
Thanks for the information

1) Should cross examination be based on affidavits by way of evidence? or can be on plaint?

2) Cross-examination is oral or written?

thank u so much

Khaleel Ahmed Mohammed (Expert) 09 December 2010
well advised.

Advocate. Arunagiri (Expert) 09 December 2010
Based on the affidavit you can cross examine the witness. You can ask any relevant question, even if it is not covered in his affidavit.

The cross examination is oral only.

Querist : Anonymous (Querist) 10 December 2010
thanks

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