Can i force a respondenent to be cross examined ?
Zeeshan
(Querist) 19 February 2025
This query is : Resolved
I filled a case of declaration againt legal heirs of a dead tenant . Total 6 Respondents. They have made fake papers of my father's shop and says that they are the owners. Previously I filled eviction on bonafide requirment where they filled those fake papers.
All respondents filed WS but only one of them (R2) gave evidence and present himself for cross examination.
Other 5 Give WS and evidence affidavit but refuse to appear and get cross examined.
Please reply :--
Can I force one of the respondent (R1) to come and get cross examined ?
What are the benefits for me in above sceneraio ?
Thanks
T. Kalaiselvan, Advocate 
(Expert) 19 February 2025
If the respondent has file chief evidence then he is bound to be cross examined.
If a respondent refuses to be cross-examined, the court may draw an adverse inference against their case, potentially leading to their evidence being disregarded or deemed unreliable.
When a party to a case, after giving their testimony, refuses to be cross-examined, the court can infer that their case is not correct or that their evidence is not reliable.
Cross-examination is a crucial part of the legal process, as it allows the opposing party to challenge the credibility and accuracy of a witness's testimony.
P. Venu
(Expert) 17 March 2025
It is not necessary that each respondent, or plaintiff to lead evidence. If a respondent files proof affidavit in lieu of cross examination and does not present himself to be cross examined, averments in the affidavit are of no evidentiary value.
