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Sunil Patil (Engg)     25 April 2011

Delays in appearnce for evidence cross examination

Hello Everyone,

Need your inputs on the following query.

Is there any section or rule number which I can use to request for speedy action or apperancce of the opposite party, as the opposite party is delaying the cross examination by not turning up on given dates on some or the other pretext?

Please let me know,

Thanks



Learning

 11 Replies

Jamai Of Law (propra)     25 April 2011

Quickly move the court to discard the other party's exam-in-chief for 'avoiding to be available for cross exam' by other party.

It is your right.

 

Ask for cost for each adjournment (it wasted the time of you as well as judiciary).

 

Do this forcefully.

 

Best thing was to take cross on the same day immediately!

 

There is no provision which says that 'cross be taken on subsequent date'. It is a discretion of court.

 

 

Jamai Of Law (propra)     25 April 2011

..............wording should have been ...............

 

........... for other party's act of.'avoiding to be available for cross exam'  deliberately or in the pretext of trivial excuses. 

 

Sunil Patil (Engg)     25 April 2011

Thanks for your inputs

In this case I was the one to be cross examined and the oposite lawyer or my deserted wife do not turn up on given dates.

 

Thanks,

Tajobsindia (Senior Partner )     25 April 2011

ha ha
1. Then file an Application for 'closing your cross examination citing intentional delay by adjourning dates and ask for heavy cost and submit to Court to dispose yout this application same date either way quoting Salem Advocates Bar Association Vs. UOI binding precednt of SC"

Jamai Of Law (propra)     25 April 2011

If you were to be cross examined by other party then immediately you should have said that, other party seems to have no objection and seems to have waived the right to cross exam me.

If other party sleeps, slumbers on own rights you can't punished due to laches by other party.

 

You should have strongly opposed the adjournment. Even now take the matter on board showing urgency and make above plea.

This is sheer delaying tactic.

 

This is legitimate expectation, a person is always vigilant to anything that might adversely affect to its own interest. other party is so cool on this front, then it is to be assumed that other party hardly has any objection to your oral evidence.

Period.

 

They must have given some genuine reasons or some personal inconvenience etc to which court does grant adjournment, otherwise not.

 

Check your lawyer also. He would have taken money from you even though nothing happened on previous hearings. Why shouldn't he?  You are the one who has to find remedy to it. its your pocket and time that is getting consumed.

 

Actually you have enlightened me also on some other things!!!

 

Thanks!!

Jamai Of Law (propra)     25 April 2011

Tajobsindia is correct!!

 

 

But ensure that you file a purshis or an objection by way of purshis and NOT a prayer 'to close the step of 'cross by other party'

 

If you make a prayer instead of objection to their adjournment prayer, then ....

Then Court orders 'Other side to say' to your prayer as above and adjourns the matter.

Then on the next date if couterparty and her lawyer appears then your prayer is actually infructuous.

 

 

But if the other party's lawyer was anyways 'present to file adjournment for cross exam', why that lawyer did not go ahead and took the cross instead? while taking the cros of yours, wour wife's presence isn't mandatory.

 

So I am amazed by taking the relook of the above.

 

Can a person go "Joggiing" into court and say to  Honble court that ........ "Please grant me adjournment ............... as I feeling immese sickness due to malnutrition"?

 

Sunil Patil (Engg)     25 April 2011

Everyone,

Thanks for the insight. Highly appreciated and extremely helpful. The next date is on 29th April and is the 3rd attempt given to cross examine. Have 3 more days to prepare and with your support will be able to push this faster.

Can you please let me know the following:

1. Purshis - Interpretation .

2. Case material as mentioned which I can produce in the court; Salem Advocates Bar Association Vs. UOI binding precednt of SC"

 Thanks,


(Guest)

Hey thats a really good suggestion, but I have never seen any judgments on this. If you have any judgment where such delays have been taken very seriously then please provide the details!


(Guest)

great sachin!...thanks a lot


U r too quick..the judgment is very very long hooh!

ram   25 July 2023

Hi Sunil patil,

Could you pls let us know how did you proceed in this siruation?

I (RW1) am also facing same issues as other party(PW1) lawyer is delaying to do my cross by not attending the court. however PW1 is attedingand just telling to court that her lawyer is not comig today and keepon  giving dates.

Regards,

Mohan


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