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Nitin (Professional)     24 November 2009

Cross Examination

I find it very stragne that, in the money suit, the aggreived party, who has suffered financial loss, is being cross examined by the advocate of the defendant.,after sufficient evidence is provided.Is there any rational behind it?

 

Nitin



 7 Replies

Anish goyal (Advocate)     24 November 2009

sir you r taking cross examination in wrong sense. Its purpose is not to harras witness or plaintiff. But its purpose is to put the exact truth of the case before the court. If you r true and your claim is geniun then why r u bothering

niranjan (civil practice)     24 November 2009

truth has to pass fire exam.

Nitin (Professional)     24 November 2009

 Thank you for your reply.

I understand that, during cross examination the advocate of the other side will twist the facts and put words in your mouth. He will try to confuse you and irritate you and twist your words, to give impression to the Court that it is you, who have duped the other party and not the other way around. My question is, why the plaintiff should go thru all this, especially he has provided the evidence in the court, for his case. it is OK for judge to ask him questions, but why the advocate of the other side?

H.D.Kumaravelu (Advocate)     24 November 2009

Sir,

Cross examination is an art. There are two type of evidence 1. Oral Evidence  and 2. Doumentary evidence. All because the plaintiff has filed evidence court is not sufficient, he has prove his case. The defendant has a right to cross examine the plaintiff to disprove the case of the plaintiff. If the plaintiff relies on douments on his side he has mark the same as Exhibits for the court to go into the same. The defendant will have a right to cross examine the plaintiff. Eg Some times the promissory note filed by the plaintiff  may be forged one, the truth has to be taken out from the mouth of the plaintff by this Art of cross examination.

Nitin (Professional)     24 November 2009

 Thank you all, for taking time off to reply. Excellent feedback and very enlighting too.

 

Nitin

girishankar (manager)     12 January 2010

On Cross examination be carefull..First note whats typed by the typist B'cous some big mans will change the sentences which you hav told  truely in there favour ...it has happenned in many cases ...there are some famous ppls for that...

Nitin (Professional)     12 January 2010

In India, anything is possible. I got involved in few civil and criminal cases and i am awed at the curruption in Judiciary system. My God ! how will poor, uneducated people can get justice ever !

I will get certified copy of the cross examination and if there are any descripency, I shall take corrective action.

Thank you for our concern.

Nitin Shah

Nitin

 

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