Respondent's Evidence ...
Querist :
Anonymous
(Querist) 17 January 2011
This query is : Resolved
I was giving statement during a Respondents Evidence and un fortunately due to the confusion of the ques. of the other side's lawyer I gave a slightly wrong answer which can go seriously against my case .
The Responent's Evidence was deffered to another date .
Is there some legal method by which i can bring the record straight now and give correct answer or inform the court regarding what wrong answer i gave, as i feel the lawyer from other side wont press on that Ques. again.
Can i change my statement during the course of the evidence - is it a crime and what adverse effect can it take on my case.
Can one give voluntarily statements during Respondents Evidence or is there some bar on it .
Thank You.
Devajyoti Barman
(Expert) 17 January 2011
No it is not crme . Ask your advocate to apply for recalling you so tht you could explain the evidence further. Alternatively you could also try to mamange the damage durng the later part of your evidence.
Amit Minocha
(Expert) 17 January 2011
I totally disagree regarding modification, you must have signed cross examination only after reading it, you are not allowed to change your stand or backout and you remain responsible for all what you deposed.You will be simply confront to your previous statement. and it will damage your credibility and statement both.
Querist :
Anonymous
(Querist) 17 January 2011
Yes you are right I have signed the statement but due to the confusion of the Ques. I gave an answer which was in correct...(isn't it courts job to reach to the truth of the case or these technicalities are more imp.) ...
Is there some method to bring to the courts view that what i said was incorrect and this is the correct view and this is "what i meant" by my answer because the correct view is easily visible
OR
Can i state the true fact " in voluntarily "or during some other ques. due to which i can relate my point of view ...
Advocate. Arunagiri
(Expert) 17 January 2011
If you change your stand on the particular issue you will be treated as hostile witness.
But, leave it to your counsel, to interpret the evidence during the argument.
niranjan
(Expert) 17 January 2011
If your Advocate can show that there was some ambiguity left by you during cross examination,he may seek permission of the court to re-examine you again on that particular ambiguity and seek explanation on what you have stated..
G. ARAVINTHAN
(Expert) 17 January 2011
You again can come it to box by way of recalling yourself
Kirti Kar Tripathi
(Expert) 18 January 2011
Mr. Devajyoti is correct. you have a right to recall witness and clarify the position or can manage the correction by producing another witness.
Guest
(Expert) 18 January 2011
Substantiate your case by strong other evidences,witnesses, also by recalling your self. But you have to explain for recalling petition.
Querist :
Anonymous
(Querist) 18 January 2011
Expert : niranjan
If your Advocate can show that there was some ambiguity left by you during cross examination,he may seek permission of the court to re-examine you again on that particular ambiguity and seek explanation on what you have stated..
Under what section of CPC that relates to ...
Querist :
Anonymous
(Querist) 18 January 2011
Expert : Aravinthan S/o Ganesan
You again can come it to box by way of recalling yourself .
Thanks, what do you mean by ' recalling yourself'
what section of CPC does that relates to .
Querist :
Anonymous
(Querist) 18 January 2011
Expert : Advocate. Arunagiri
If you change your stand on the particular issue you will be treated as hostile witness.
Does clearing the ambiguity also relate to Hostile witness.
