witnesses
Querist :
Anonymous
(Querist) 12 November 2009
This query is : Resolved
sir,
in one case i have 5 witnesses, my counterpart advocate is stressing that i should have examination in chief of all the 5 witnesses and then he will cross examine them. but i want to examine one witness and ask my counterpart to have his cross examination for witness No. 1, then i'll examine second witness then he can have cross examination of second witness.
so i want to know that if he can have cross after i complete examining all the five
adv. rajeev ( rajoo )
(Expert) 12 November 2009
In case of suits like will, gift or any other suits in which exeution of document to be proved then other side advocate can demand to keep the wittnesses at a time for the cross examination, if court is directed you then u have to keep present all the wittnesses.
U submitt before the court at present I want to lead the evidence of only one wittness if necessary I will go with other wittnesses. Court will not agree it will close your side.
Other side advocate is right in his demand because if you lead the evidence of one wittness then he will tell the other wittnesss regarding the questions put by the advocate so it is necessary to keep all the wittnesses present if court directs.
bhupender sharma
(Expert) 12 November 2009
all the witnesses may be examined in a day but it is good for u because the opposite counsel will not improve his case thereafter by tutoring them.
Raj Kumar Makkad
(Expert) 12 November 2009
Mr. anonymous! Pray before the court to adopt the set procedure, as you told. I hope court shall also permit you and stop your counterpart lawyer not to insist contrary to settled procedure to examine one witness after the other. Chief examination followed by his cross examination.
Suhail suhail
(Expert) 12 November 2009
Well exactly the civil procedure code clearly
lays the norms,as Mentioned by Mr.Raj.I would like to touch the comments by Mr.Vadrali,and Mr.Bhupender,that it is tactics of profession and the most important part of witnesses is in prosecution of criminal cases,but prosecution bring witnesses as per availability,and it is not like that if one witness is examined then he will relate this to other witnesses.It is not an examination of any school, college,or else,the role of witness in civil cases is altogether different there is not any questioner made to have well tutored witnesses,it is all about your grip on the case and all your skill.Rest i do not understand in which part of India is the procedure like that,to examine all the witnesses then as per choiced procedure the other side will cross examine them.Please do not post such layman's queries so far as the cvil or criminal procedure code is concerned as being rules governing the trials,one cannot go behind the laid down procedure.
Y V Vishweshwar Rao
(Expert) 12 November 2009
I agree with the opinion/s of Mr R K Makkad and Mr Bilal Autshi !
a.manoharan
(Expert) 12 November 2009
I agree with the opinion/s of Mr R K Makkad and Mr Bilal Autshi ! FURTHER. CROSS-EXAMINATION IS FOLLOWED BY RE-EXAMINATION WITH THE PERMISSION OF COURT
