drt/securitisation acts

Querist : Anonymous (Querist) 20 May 2010 This query is : Resolved
Drat set aside a recovery order of DRT for allowing cross examination of bank witness.A loss and damages claim against the same bank is pending in the civil court,the amount is much more than the bank claims.The case is registered and yet to be heard.During cross examination the civil suit claim was asked to the witness.The PO DRT objected that it could not be raised at this late stage since this was never mentioned in the WS filed earlier.Is the PO correct in disallowing the cross examination of these points or new facts discovered against the bank though not mentioned in the WS?

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Devajyoti Barman (Expert) 30 October 2010
The law is you can not put a question to the witness if the same is not mentioned in the pleading. Now you apply.

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