Substitution of complainant representative
Suhas
(Querist) 09 October 2009
This query is : Resolved
My query is as follows:
There is a company which is pursuing legal action against an individual in a magistrate court. The authorised representative of the company stood for examination-in-chief. Thereafter the authorised representative of the company stood for cross-examination, and before the cross examination was completed, the said authorised representative left the services of the company.
When a new representative of the company is subtituted to appear in place of the original person, will the already completed examination-in-chief, and the partially completed cross-examination continue to stand, or will the examination-in-chief and cross-examination have to be conducted afresh?
Thanks
Jayashree Hariharan
(Expert) 09 October 2009
The examination-in-chief holds good. the cross examination will be done again, in case the discretion of the court varies. of course it will be mentioned in the order sheet.
Suhas
(Querist) 09 October 2009
Thank you so much for your response.
Is there any previous citation with respect to this matter, or is there any specific provision in the CrPC or the Evidence Act that mentions this?
I ask because the enactments that i have gone through have been silent on this topic, and I'm not able to find any citations clarifying this.
Sachin Bhatia
(Expert) 09 October 2009
The authorised old representative is bound to complete the cross examination on next date.
