Memory refresh by respondent during x exam

VISHNU (Querist) 04 November 2011 This query is : Resolved
sir

In a civil case whether respondent can note down in advance in a piece of papers some points/dates to be used by him during cross examination of himself by other party?

1. In a civil case whether another person on behalf of respondent can give answer to questions being asked in x examination as she i.e respondent is quite innocent and 60 yrs old? Thanks

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Guest (Expert) 04 November 2011
refresh his/her memory the notes can be taken. But witness should not depose by seeing the notes.

if the witness is unable to answer they can file petition to appoint an agent to depose the evidence on behalf of them.

ajay sethi (Expert) 04 November 2011
always prepare a synposis of case . before your cross ask your lawyer to quiz you on various aspects of the case .

you must know all details of case . if you are not prepared you will mess up your case .

merely because repsondent is 60 years old is no ground for being unable to answer questions in cross . in todays world 60 is middle age .it is always better respondent gives evidence than thir parties

prabhakar singh (Expert) 04 November 2011
rightly advised but fantastic indeed was your query.

VISHNU (Querist) 04 November 2011
sir
Thanks for answer.
as you intimated that a application may be filed in court to appoint agent to answer cross examination if not able to answer the question. Whether husband name can be suggested to answer on behalf of his wife during her cross examination. please clarify.

DEFENSE ADVOCATE.-firmaction@g (Expert) 04 November 2011
for deponent no agent can be appointed for cross, the evidence will be invalid.

Raj Kumar Makkad (Expert) 04 November 2011
No such application s maintainable and deponent himself shall have to face his cross-examination and facility of agent is not available to him irrespective of his age.

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