IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajendra prasad   27 December 2022

Cross examination of bedridden person

My father is 72 years old, had two times brain stroke and bedridden and staying with me in Chennai. My sister filed a petition against my father asking for the partition in the property in Andhra Pradesh, Nellore court which is around 300 km from my residence. Now the case has come to final stage. Since my father cannot appear in the court for cross examination, we have asked the court to appoint an advocate commissioner for cross examination and submitted his medical record to the court. But opponent advocate has filed a counter and asking for the cross examination near to court. 

Kindly advice me what are the possible methods for cross examination of my father without moving from the home. whether video conference mode is authentic in the court.

 

 



Learning

 14 Replies

Suresh S   27 December 2022

Life is precious than the property. 

It's not good to distub an ailing bedridden senior citizen for whatever reason.

I think the Honourable Court will not disturb the bedridden person.

Rajendra prasad   27 December 2022

Thank you sir

SHIRISH PAWAR, 7738990900 (Advocate)     27 December 2022

Hello, 

Yes order is not passed yet. So wait for the order of the court. As per query court will allow advocate commissioner for cross examination of your father. 

Rajendra prasad   27 December 2022

Thank you sir

Joe Matthew   27 December 2022

Cross examination may be granted without disturbing the ailing bedridden senior citizen.

Dr J C Vashista (Advocate)     28 December 2022

The Court has to decide the issue.

Generally it (Court) has to appoint local commissioner despite objection of opposite party.

Rajendra prasad   28 December 2022

Thank you sir

Sudhir Kumar, Advocate (Advocate)     29 December 2022

chances are in your favour.

Dr J C Vashista (Advocate)     30 December 2022

@ Rajendra Prasad,

Did you contact and consult the lawyer engaged by you ? If so, what is his/ her opinion /advise since s/he is well aware about facts and circumstances of the case.

Best wishes for the coming New Georgian year-2023
 

Rajendra prasad   30 December 2022

Thak you very much to all the legal experts for giving moral support to me.

Advance wishes to all of you Happy new year 2023

I came to know that my sister's advocate argued that my sister does not want to visit our house along with the advocate commissioner and asking for the differenct venuer other than my residence for the corss examination.

Court has agreed to appoint advocate commissioner with some conditions and  still i did not get full details regarding conditions. I will update full details sir.

I would like to know the procedure for cross examination. Whether only the advocate commissioner will do cross examination or opponent advocate also can ask quetions to my father.

Problem is that my father is a BP patient and he will get tension if the questioning is in harsh manner.

Kindly guide me sir.

 

 

 

 

 

Dr J C Vashista (Advocate)     31 December 2022

It is the opposite counsel who will put questions to your father (witness) , which he (your father) has to reply,.in presence of your lawyer A silent spectator except when there is some irrelevant question

The Commissioner shall have to ensure whether the opposite counsel do not put irrelevant questions to the witness before getting it recorded.

1 Like

Rajendra prasad   31 December 2022

Thank you sir 

Dr J C Vashista (Advocate)     01 January 2023

Wish you a happy, healthy and prosperous New Gregorian Year-2023
 

Rajendra prasad   01 January 2023

Dear Sirs / Madams

Wishing you and your family members happy, healthy and propserous New Year 2023

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query