Value of evidence of witnesses not cross-examined
surjit singh
(Querist) 03 August 2013
This query is : Resolved
A witness brought by the plaintiff came before the Court signed and filed his HAZIRA(attendance) and submitted his statement on affidavit. The witness was very much present in the court room, when the court was busy with other matters. When the matter of the plaintiff was called the witnesses being influenced by the defendant side fled from the court. The plaintiff duly informed the court of such inducement and threatening by the defendant on the said witnesses and filed an application for issuing summons upon the witnesses for his appearance. The Court did not passed any order on the application and asked orally for bringing other witnesses. After this deposition and cross examination of other witnesses was done and finally the evidence was closed from the side of the plaintiff. Just before the closing of the witnesses from the plaintiff side the defendant filed his reply upon the application made by the plaintiff for issuing summon to the said witnesses, stating that the witnesses was not induces or threatened by the defendant, but no order was passed on the application as yet.
What will be the value of the said witnesses, whether the statement given under affidavit as chief will be accepted by the Court.
R.K Nanda 
(Expert) 03 August 2013
affidavit of evidence will be accepted by court.
surjit singh
(Querist) 03 August 2013
But what will be the impact of the court not passed any order on the application of the petitioner for summoning the said witnesses where the defendant has filed his reply denying the allegation of inducing and threatening of the witnesses.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 August 2013
1) Any such evidence without cross has no value.
2) You should have pressed your application before closing the evidence.
R.K Nanda
(Expert) 03 August 2013
pray to court on pass orders on said application.
Rajendra K Goyal
(Expert) 03 August 2013
Prey to court to pass order on the application.
surjit singh
(Querist) 03 August 2013
Whether an oral prayer will be enough or an application under 151 CPC will be necessary.
surjit singh
(Querist) 03 August 2013
Whether an oral prayer will be enough or an application under 151 CPC will be necessary.
Since the witness filed his HAZIRA(appearance) before the court, which means the witnesses appeared before the court.Whether this will help the plaintiff in any manner.
adv. rajeev ( rajoo )
(Expert) 04 August 2013
Yes examination chief thru., an affidavit will be accepted.
