Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arjun   07 December 2016

cross examination in interim hearing

Hi, Can we ask for the cross examination in interim hearing. I want to cross my wife in interim hearing. Thanks, Arjun


Learning

 6 Replies

LegalFighter (test)     07 December 2016

I think we cannot.in interim application only enquiry will be there.

Arjun   08 December 2016

Hi tamilinian,

i have seen that in on eof the portal. I need some reference cases where cross examination happened to wife in a interim hearing.

Thanks,

Arjun   08 December 2016

Hi tamilinian,

i have seen that in on eof the portal. I need some reference cases where cross examination happened to wife in a interim hearing.

Thanks,

Alok Motan (Advocate)     08 December 2016

No you cannot. IA is decieded on the basis of the pleadings and documents filed and relied upon by parties, without leading evidences. The court only prima-facie considers the averments, pleadings and documents filed. However, the said relied documents have to be proved by the parties at the time of evidence. Cross Examination is also a part of evidence. So you cannot bypass the procedure/law.

However, you can call for interrogatories under Order 11 CPC application, to call for interrogatories from your wife, if it could be any of your help.

1 Like

Arjun   08 December 2016

Thanks Alok Mohan Sir.

From your answer, i understand that we can go with interrogatories instead of cross examination(not possible at this stage) in intrim hearing.

what is the procedure to use that option and how much time will be  granted for the other party to answer them.

Do we have any refernces where Interrogatories were allowed during this phase?

Thanks,

Arjun

Sachin (N.A)     10 December 2016

Originally posted by : Arjun
Thanks Alok Mohan Sir.

From your answer, i understand that we can go with interrogatories instead of cross examination(not possible at this stage) in intrim hearing.

what is the procedure to use that option 
Thanks,

Arjun

 

You need to file the application 

APPLICATION U/O-11 RULE-1 CPC FOR INTERROGATORIES "

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query