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cyberlawyer (barrister)     27 February 2015

Query about cross examination

In cross examination, can facts with regard to old chief examination be asked ?. The defendats have recalled their side witness and marked documents and the matter is posted for cross examination for the second time. Whether is it admissible to put questions with regard to the proof affidavit filed earlier ?. Can i ask questions with regard to facts which have occured after the period of earier cross examination ?, i mean not technical query, just factual. 

The reason for this query is the defendants keep filing documents after documents which are unnecessary for the purpose of the case and the proof affidavit has no facts stated except the version that the documents are important to effectually adjudicate upon.

thanx 



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 2 Replies

Jai Karan Nagwan (consultant)     28 February 2015

Do you mean defendant wish to declare own witness as hostile. Legal position one can not cross examine his own witness. Secondly this is court who will decide if filling of any document or many documents is relevant or not. If party proves relevancy of document, those are admissible. You being plaintiff or plaintiff lawyer will have enough opportunity to prove that docs are not relevant hence not admissible and please mind this is technical query only.

Jai Karan Nagwan (consultant)     28 February 2015

Do you mean defendant wish to declare own witness as hostile. Legal position one can not cross examine his own witness. Secondly this is court who will decide if filling of any document or many documents is relevant or not. If party proves relevancy of document, those are admissible. You being plaintiff or plaintiff lawyer will have enough opportunity to prove that docs are not relevant hence not admissible and please mind this is technical query only.

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