s.sivakumar (advocate) 22 April 2008

witness not present for cross

In a civil suit after examining the plaintiff, PW2 was present before the court and proof affdavit was also filed but in the subsequent days the witness refused to co operate with the plaintiff what will be positition of the suit .. .?

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6 Replies

Ajay kumar singh (Advocate) 23 April 2008

None appearance of a witness for cross ex. in a civil suit does not matter much.His chief ex. may at best be expunged and the suit will proceed

GOPI KRISHNA (ADVOCATE) 23 April 2008

court may discard the evidence of pw2 in view non appearence/non co-operation

Kiran Kumar (Lawyer) 26 April 2008

the evidence of PW2 in the form of affidavit will not be read into evidence.....cross examiniation of a witness is a right of the other party unless left away by the opposite party itself.

Satyendra Kumar Pandey (Lawyer) 26 May 2008

when witness not appear for cross then plaintiff may with permission of court present any other witness and the evidence of first witness is not read as he is hostile. his evidence be discarded. the suit carry on without his cross as he is never present in the court for examination

vishwanath Joshi (advocate) 27 May 2008

As the PW2 remains absent or not cooperated than his evidance may be taken as nill.And opportunity will be given to plaintiff to lead further evidance if he has any.

ASHUTOSH (lawyer) 04 June 2008

dear you can move application under order XVI to issue warrant from the court court has power if witness is not coming court can issue for aresst the witness also