After ex-parte proceedings have been initiated and not yet set aside, can the defendants be allowed to cross-examine plaintiff witness who submitted his affidavit after the ex-parte proceedings were initiated
In a case of money suit the defendants were declared ex parte due to their absence on the day of hearing. Then I submitted my affidavit as plaintiff's evidence and also the documents were marked as exhibits at a later date and then the case was set for Final Hearings . After this the defendant moved an application u/s Order 9 Rule 7 for setting aside Ex-Parte proceedings , but the same was rejected on legal grounds as it did not disclose a " Good Cause " for their absence on the day of hearing . Now they have moved an application that they be allowed to cross-examine me a as a plaintiff witness, though they were declared Ex-Parte on an earlier date . What is the position of law on this application. Can they be allowed to cross examine a plaintiff witness whose affidavit was submitted after Ex-Parte proceedings were initiated .? Ex-Parte proceedings have not yet been set aside .
It is not so easy to understand the proceedings it isjust like hide and seek game or police and thief game snake and ladder game ,here both plaintiff and defendants advocates have sections and provisions