Court procedure
pawan kumar
(Querist) 15 April 2012
This query is : Resolved
exparte evidence is made by way of filing attested affidavits of plaintiff. defence of defendent is already struckof. can defendent cross the plaintiff evidence
R.K Nanda
(Expert) 15 April 2012
No, he cannot x plaintiff evidence.
Devajyoti Barman
(Expert) 15 April 2012
Yes but only on the admitted points.
He can not question on the points of his defence.
ajay sethi
(Expert) 15 April 2012
defendant can cross examine plaintiff on rhe case made out in the plaint
MohammedRaffiq Bijapur
(Expert) 15 April 2012
Definitely the right of cross examination cannot be denied, but defence cannot be brought out from the mouth of witness to prove his case. cross examination will be restricted to facts pleaded in plaint only.
Adv.R.P.Chugh
(Expert) 15 April 2012
Concurring with learned seniors - proceeding ex parte means that defendant would not be able to lead his own evidence - but he still can cross examine - for the same is necessary to adjudge the reliability and credibility of evidence.
Striking out of defence means - The Case would proceed as if the defendant took no defence, but that would in itself won't entitle the plaintiff to something he is not otherwise. He still has to discharge his BOP - and in that cross is allowed - to work as the greatest engine of exposing falsehood.
prabhakar singh
(Expert) 15 April 2012
Striking out defence debars a defendant from proving his version of a case but that does not mean he does not have right to disprove the plaintiff case.In every way a plaintiff has to prove his case independent of any defence.Hence right to cross plaintiff survives with defendant even if his defence is struck off.
Shonee Kapoor
(Expert) 15 April 2012
I concur with the expert opinion, scope of cross-examination would be limited.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 16 April 2012
I do agree with Prabhakar Ji bat differ with Shoonee Ji because, scope is not limited altogether but to the facts of the case.
