Civil Procedure Code (CPC)

Cross examination missed

Director

Hi Everyone,

 

If defendant missed cross examination because of travel constraints and Judge has closed evidence of defendant.

What happens to pleadings of defendant and documentary evidence submitted by defendant that have been taken on record. Will these be considered in the final judgement. If someone can point me to some case study it is greatly appreciated.

 

thanks,

 

Srinivas

 
Reply   
 

before passing decree or order we can file a reopen petition mentioning reasons.  The court will consider the reopen petition if proper grounds is there.

 
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Assistant

Ramesh is right.

 
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Director

Ramesh,

 

Thanks for the replyl.  I am interested in knowing what will be admitted into evidence as far as defendants submissions goes if cross exam is not attended to.

Can you let me know the standings w.r.t

1) Pleadings

2) Documents submitted.

3) Chief affidavit.

 

regards,

 

Srinivas

 
Reply   
 

all the three. In general what they mentioned in the pleadings it comes in chief affidavit and relating to the pleadings only documents should be submit.  If the pleadings and the chief affidavit will be different.  Only pleading will be stands, without in pleading no one will be added in chief affidavit and documents.  In general if at all any fresh document is found they have to amend the pleadings then only that documents will be taken.

 

 
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Advocate

You may move a petition to reopen the case first. Then call the defgendant as winess and mark your documents .

 
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Director

Ramesh,

 

Thanks for the concise and to the point reply.

What is the downside of defendant not attending their own cross examination then? 

Typically, the opposite party denies all facts made in pleadings and burden of proof is on person asserting the fact with few exceptions. Are facts in defendants pleadings denied by plaintiff (in this case) considered "not proved" even if substantiated by documentary evidence?

 

thanks,

 
Reply   
 

if any thing fogot to ask in cross*xamination,you can reopen,recall the witness .what ever is written in pleading he has to cross.

 
Reply   
 

no problem,you can reopen and recall the witness,with sufficient grounds.and you can cross*xamine the witness.

 
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Director

Thanks Everyone. 

If 1st witness for defendat (DW-2) has been cross examed is it still possible to reopen cross examination of the principle defendant (DW-1). Which section of CPC is applicable? Please note DW-1 has filed chief affidavit but coulld not attent cross exam.

 
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