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sandeep (pvt service)     07 December 2014

Can cross examination of petitioner be done again?

hi experts. just want to know, can a cross examination of a petitioner be done again, if it has already taken place for the first time, cross of petitioner has been closed and cross of respondent is to take place. however, there are some more questions which i want to ask through the cross which my lawyer and me forgot to ask during the initial cross...so can this be done again. also, if i want to cross examine the petitioner again, will my cross be postponed, as i am the respondent, and again take cross of the petitioner for the second time..thanks



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 7 Replies

ROHIT SHARMA (Legal Advisor )     08 December 2014

1. Normally if the cross examination of the petitioner is closed then such procedure cannot be reopened.

2. The legal tactics is to have the respondent make such claims which required to be put to the petitioner during his cross examination and this will invite the petitioner to cross examine the respondent  and the evidence required to be lead can then can be strategically brought on records.

Samir N (General Queries) (Business)     08 December 2014

Yes, you can do so. You need to file an application to "recall' the witness providing reasons that the Judge finds it difficult to reject. For example, newly discovered evidence (documents which were earlier lost and you just found them), new discovered facts (things you did not know earlier), concealed facts now know (facts concealed by her which you were not aware of before), or cook some reason but you must have a reason. You cannot say that you forgot to answer. Then you must say that the new evidence and cross-examination is required for a just adjudication of the case without which the Court/Judge will be deprived of all the facts to which the law can be applied. Thats it. You draft a good application and you can drag her back to the witness stand.

Samir N (General Queries) (Business)     08 December 2014

I mean, you cannot say that you forgot to "ask".

Dr J C Vashista (Advocate)     09 December 2014

Yes, the witness may be recalled by Court on an application for re-examination.

rakesh sharma (owner)     09 December 2014

Order 18 Rule 17 Of the Civil Procedure Code gives you the option to Recall the witness to face the croaa again. But this ia no a thumb rule and you cant ask questions which you forgot. But there is an exception to this rule that if some new evidence has come up on rwcord which was earlier unknown to you then yes you can drag a person again to face cross exam based on new facts only and not to fill up the lacunae.

Biswanath Roy (Advocate)     10 December 2014

If the cross examination of the Plaintiff /  petitioner is over and closed further examination is not permitted by law because petitioner is not a witness. but if the Defendant / respondent can create a befitting cause the court may, if it thinks fit, put in the course of an examination questions suggested by either party. under Order X, Rule 2 (3) CPC..

T. Kalaiselvan, Advocate (Advocate)     11 December 2014

As opined by experts, the witness can be recalled for examination on the basis of new facts but not to fill the lacuna of the previous examination.


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