Evidence act
Rajesh
(Querist) 08 September 2013
This query is : Resolved
A witness to a document (Agreement to Sell-ATS) , which is already admitted by the both paties of a civil suit " Suit for Specific Performance to seek possession ", if he ( Witness) also admits the execution of the document (ATS) and his signatures there upon as well as the endorsements made upon the aforesaid document (ATS) is also admitted by the witness ,
Can the calling party request the Court for declaring the witness "Hostile" . ?
I solicit your advise on above issue , supported with authorities or law point.
Raj Kumar Makkad
(Expert) 08 September 2013
No. As the witness had admitted the execution and his signature over the agreement then he cannot be got declared hostile.
Rajendra K Goyal
(Expert) 09 September 2013
The given facts does not attract to declare the witness as hostile.
Rajesh
(Querist) 09 September 2013
Additional Facts:
As stated above , I ( being son of defendant) being called as " Witness" by Plaintiff s side /calling party to appear as their witness. I am one of the witness to the agreement to sell ( signed by Plaintiff & Defendants) and of endorsements made there upon. Coincidently, both parties accept the agreement to sell and terms & conditions and endorsement made upon.
The facts are summarised to clarify the problem further
(a) " Witness' who is being called HAS NOT made/ submitted any statement in the case.
(b) 'Witness" who is being called by Plaintiff , has signed the document in question " Agreement to sell" as one of witness and secondly also while making endorsement about extension of time on the ATS.
(c)Objective of Plaintiff's advocate to call me (son of one defendants) as their "witness" is to get me declared "hostile" and then Cross Examine me.
With a view to scuttle the designs of Plaintiff's advocate as explained above, I thought to solicit your advise to take necessary precautions / preventive steps for the guidance of myself ("WITNESS BEING CALLED") as well as know legal provisions to deal such situation so that I when appear as opposite party's "Witness" during their evidence stage , should avoid the situation of being declared Hostile and then let my own advocate to cross examine to get certain facts on court record.
(a) Can I refuse to submit " CHIEF EVIDENCE AFFIDAVIT" prepared by the Advocate of calling party without my consent and Can request the Hon'ble Court Judge that I want to dictate my own " Chief Evidence Affidavit" directly in the court.? Please advise.
Moment I refuse to accept and submit " Chief Evidence Affidavit" prepared by the calling party advocate , and submit prepared my own before , instead of verbally dictating in the Court before Hon;ble Judge, I am hundred percent sure that Calling party advocate will start opposing my move and will start pleading to declare me HOSTILE as per his objective stated in above para of problem.
So to avoid all such adverse situation, Can I state to Hon;ble Judge that Chief Evidence Affidavit prepared in advance by the calling party advocate is WITHOUT MY CONSENT and Want to submit the affidavit prepared by me or dictate verbally in the Court after all it is 'WITNESS" Evidence and NOT of Calling Party advocate, Pl suggest the way out which is legally permissible.
R.K Nanda
(Expert) 09 September 2013
consult senior lawyer personally.
Raj Kumar Makkad
(Expert) 09 September 2013
Even after going through your additional facts, my reply remains same.
V R SHROFF
(Expert) 09 September 2013
Witness Hostile needed logical proof, shd be acceptable as act of prudent man.
Affidavit filed by Witness, not by opposite party advocate.
Drafted as per instr of Witness..
