s..i..n..g..h.. (member) 28 November 2010

MY RIGHT TO CROSS-EXAMINE OPPONENTS

hello dear friends

a petition has been filed to set aside ex-parte decree , i have objected ,

now lawyers say that judge will decide the set aside case with cross examination based on

1. opponents petition to set aside

2. your objection

i want the opportunity to cross examine the opponents

can i get the opportunity

is there any judgement to support my cause

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3 Replies

Mahesh Chandwani (Advocate) 28 November 2010

Please read section 33 of Evidence Act and the commentary on this section you will definetly get answer of your question.

Viswanath (Student) 30 November 2010

It is provided under section 33 only for a witness to be cross examined, in the instant case you want the petitioner himself to be cross examined.

s..i..n..g..h.. (member) 22 December 2010

yes i want to cross examine the petitioner who prayed to set aside my exparte decree under sec 9 of HM act ,

what should i do , should i make a prayer (in written)in family court that please provide me opportunity to unfold the truth by providing the opportunity of cross examination,(there are lot of proof available and more can be unfolded in cross-exam that she chose not to fight the case inspite of knowledge of the case , and now she befooling the court by saying that she was unaware so set aside the decree)

any ruling of any court to promote my cause