Shekhar Pathare (Managing Trustee) 21 April 2015

No cross order

I am disputant in person in an election petition in co-op court.

Though it is required to be decided within 6 months last 5 years even evidence stage is not completed despite expediting by Co-op Appellate court due to unscrupulous tricks of delaying and now after 5 years the opponents have pleaded the case to be infructuous while a high profile witness' cross is part heard and due to repeated absentism court slapped a no cross order which is a blessing in disguise for the high profile witness.

I have challenged the order and the opponent's advocate has argued that order being against the opponents as disputant I have no right to challenge the same.

My plea is that as disputant the onus to prove my case is upon me and therefore in all fairness I must get an opportunity to complete the cross which can reveal fact to support my case and therefore is is just and fair that the witness be summoned before the court and if not budged a warrant be issued in terms of CPC.

I wish to confirm my stand and seek help if any citation available to substantiate my stand.

Thanks in advance.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 30 April 2015

You should petition the court for summoning the witness for cross examination, if the petition is dismissed, you can take it up for revision before the higher court.

Shekhar Pathare (Managing Trustee) 30 April 2015

Many tks for the reply.

The matter has further twist.

I understand that the No Cross order was against me and not against the opponents as was being projected by my advocate who asked me to relieve him after I discovered this. Under the circumstances it appears that there is a collusion between both side advocates and it is most shocking. Meantime my advocate was pressing me to withdraw the case gracefully.

The advocate is also a high ranking official on bar council and I have my doubt that bar would take any action in this cheating.

I have asked for the certified copies of no cross order and after receiving same the picture will be clear.

T. Kalaiselvan, Advocate (Advocate) 01 May 2015

There is no use of brooding ove the isue which is not progressing in the desired manner. You may change the lawyer immediately, take stock o the situation by taking a second opinion from a different lawyer, pursue he cae if it is worth enough or decide further issues accordingly.