Cross examiniing based on facts that are not pleaded

Ranganath (Querist) 18 June 2012 This query is : Resolved
Ld Counsels,

In the trail of a divorce case filed by husband during cross examination can questions be put to husband based on facts and documents that came to light after the filing of written statement by wife. However the questions will be relevant for the issues raised in the case.

Will the objection that those facts not pleaded in the written statement be maintainable.

Please clarify,
Thanks in advance.

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Devajyoti Barman (Expert) 18 June 2012
The questions put to the witness in cross examination is limited to facts of pleadings.
So you can put any question which is relevant to the case.

ajay sethi (Expert) 18 June 2012
agree with mr barman

Kiran Kumar (Expert) 18 June 2012
only the relevant and connected questions can be asked.

things however must not go beyond pleadings.

Shonee Kapoor (Expert) 19 June 2012
If the question is connected and even if the same is beyond your WS, it can be asked, but not what is not in his pleadings.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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