ramesh shinde (manager) 08 March 2018

How / can we call an opposite party to appear for cross

How / Can we call an opposite party to appear for cross examination or as witness even when he/she has not appeared as witness for opposite party.

The case at hand is one of the defendants had addmitted the right and genelogy of plaintiff in an ancestral property on a stamp papper of Rs.20 in 1998 and theryby names were also mutated the same defendant is refusing the claim of plaintiff also important is the content of the stamp papper was written by second defendant itself. So it would be great if they both could be cross examined however we do not think they would make them self available tas witness for us to cross examine them. What can be done please suggest.

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Ambanshu Sahni 08 March 2018

You can file an Application under Section 311 of Cr. Pc which empowers the court to summon any person, which the court thinks would be required for just decision of the case.

The Section is reproduced below for ease of your referece.

"Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or. recall and re- examine any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case."

If you have anyother query feel free to contact me, I can be reached at 7291090490.

Warmly

Ambanshu Sahni,

Advocate