Closed cross examination of plaintiff
KETAN J SHAH
(Querist) 15 March 2014
This query is : Resolved
Respected Sir's
The Landlord ( plaintiff ) has filed an eviction suit in small causes court.
The matter is at cross examination stage.
The defendant ( Tenant) lawyer has not attended the court since last 8 to 9 dates and the cross of plaintiff could not be done. Looking at the above situation the Hon Judge passed an order for closure of cross of plaintiff.
Now the defendant ( Tenant ) wants to cross examine the plaintiff.
Once the cross of plaintiff is closed , order is passed then can the cross be allowed
Please advice
Thanking you in advance.
ajay sethi
(Expert) 15 March 2014
since the defendant has not cross examined the plaintiff for 9 dates court ordered closure of cross . if now defendant wants to cross the plaintiff court would not permit the defendant to do so . the defendant would go iin appeal and in interest of justice appellate court may allow the application .
these are dilatory tactics adopted by Defendant to prolong the case
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
On an application to recall the PW1 for cross examination, the court in order to avoid multiplicity of proceedings, may allow the application with or without cost, thereby the the dilatory tactics adopted by the other side counsel would be ensured.
prabhakar singh
(Expert) 16 March 2014
These things are within discretion of presiding judge and much depends on the nature of presiding judge.Normally chances
are great that such application would be allowed on cost payable to plaintiff for losses born on past 09 dates.
Cost is understood to be PANACEA which heals every sore in litigation.
V R SHROFF
(Expert) 16 March 2014
Defendant tenant can apply to set aside the Order of "closer of cross exam of plaintiff"
in same court .
Ground should be negligence of Advocate, and also pray to allow def to change Advocate, for enabling to cross exam plaintiff, otherwise irreparable loss/ damages will cause to tenant.
As fault is of Lawyer,Order will be set aside 100%. Tenant will be able to get cross examine the plaintiff,
Cost of Rs. 500-1000 will be payable.
To meet End of justice is priority/ not procedure.
No harm caused to plaintiff, except appearing in court for 10 times!!, So Application of tenant will be allowed.
If not allowed, Tenant can appeal against this Order.
Rajendra K Goyal
(Expert) 16 March 2014
Agree, move an application for cross examination of the witness. There are possibilities it would be allowed. If application rejected, appeal to higher court.
R.K Nanda
(Expert) 16 March 2014
no more to add.
KETAN J SHAH
(Querist) 16 March 2014
Respected Sirs,
As adviced the defendant can apply to set aside the order but even though the order is passed in favour of plaintiff for closure the Plaintiff and his advocate have agreed to be crossed by the defendant. It is mandatory to inform the learned panel that the Original defendant has not attended the court even once and the person attending the court has NO power of attorney . He is just an Authorised Signatory. Secondly the defendant has not been paying the Rent or Taxes to the Landlord nor he has taken any order to deposit the money in the court and on the contarary the defendant is forcing the Landlord to take Rent/taxes directly. How can the Landlord take money directly when the Tenancy Rights have been terminated.
Secondly as said No harm caused to the Plaintiff except appearing in the Court 10 times. But Sir, the Suit is filed for Extensive illegal additions/alterations done by the Defendant and the the whole slab is damaged due to leakage of water due to additions / alterations. All the beams have developed cracks and the iron is rusted.In this situation it is utmost necessary for the Plaintiff to get justice at the earliest and the defendant is trying to prolong the case.
Is it not an emergency situation . What if some disaster occurs
Please advice.
Thanking you in advance.
Biswanath Roy
(Expert) 16 March 2014
iN ABSENCE OF THE STATEMENT OF FACTS OF THIS CASE APPROPRIATE OPINION CANNOT BE FORMED.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
@Author: The facts stated now are to be mentioned in the counter for the recall petition and the petition may be strongly objected on this issues itself. Let the petition be dismissed and the defendant spend some more money in the name of appeal/revision and come back.
