Arjun 07 December 2016
LegalFighter (test) 07 December 2016
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.
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 "