Please share judgement to cross examine in exparte orders

Your question is unclear. judgement to cross examine exparte orders?  If any exparte orders are passed, you can chalalenge only in HC or Sessions court.  All cross examination will happen there.  There are no such judgements available, if parties are having problem it is better to solve issue amicably, but what is the matter that only you have not told anywhere.

hi sir, thanks for the response, actually judge has proceeded with exparte evidence in 125 case. only evidence of petitioner is allowed. however my lawyer has applied for cross examination of petitioner in 125 case, judge has posted the application for arguement to whether the respondent be allowed to cross examine the petitioner at this stage of exparte evidence. thanks

Order 18 rule 17 cpc can be exercised .

thank you sainathji for your kind advise, as per  your reply have went through order 18 rule 17, however it doesnt specifically say anthing about cross examination of petititioner in event of exparte evidence. have pasted her the order for your kind reference. request you to please elaborate and enlighten me on the same. thanks..

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Order 18 Rule 17 CPC provides for that the Court may at any  stage of a suit recall any witness who has been examined and may put  such question to him as the Court thinks fit.  The provision cannot be  allowed   to   be   used   to   fill   up   the   lacuna   in   evidence   which   the  petitioner attempted by filing application for recalling the witness to  exhibit certain documents which the petitioner proposed to file vide  application under Order 8 Rule 1

GO THROUGH THE BELOW MENTIONED ALSO:

Order 18 Rule 17 of the Code enables the court, at any stage of a suit, to recall any witness who has been examined (subject to the law of evidence for the time being in force) and put such questions to him as it thinks fit. The power to recall any witness under Order 18 Rule 17 can be exercised by the court either on its own motion or on an application filed by any of the parties to the suit requesting the court to exercise the said power. The power is discretionary and should be used sparingly in appropriate cases to enable the court to clarify any doubts it may have in regard to the evidence led by the parties. The said power is not intended to be used to fill up omissions in the evidence of a witness who has already been examined. [Vide Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate - 2009 (4) SCC 410]. Order 18 Rule 17 of the Code is not a provision intended to enable the parties to recall any witnesses for their further examination-in- chief or cross-examination or to place additional material or evidence which could not be produced when the evidence was being recorded. Order 18 Rule 17 is primarily a provision enabling the court to clarify any issue or doubt, by recalling any witness either suo moto, or at the request of any party, so that the court itself can put questions and elicit answers. Once a witness is recalled for purposes of such clarification, it may, of course, permit the parties to assist it by putting some questions. 

in 125 petition, once ex-parte order is passed, you can not cross-examine till the exparte order is set aside and you are made a party to contest.

You can file a petition us 126(2) CrPC to set aside the ex-parte order within 90 days in the same court by showing some good grounds. Once, the ex-parte order is set aside, you can proceed for cross-examination and your witness.

Originally posted by : N R Dash..
	in 125 petition, once ex-parte order is passed, you can not cross-examine till the exparte order is set aside and you are made a party to contest. You can file a petition us 126(2) CrPC to set aside the ex-parte order within 90 days in the same court by showing some good grounds. Once, the ex-parte order is set aside, you can proceed for cross-examination and your witness.

Correct, this can be done, but if you dont go to court at all, and there is no representation on behalf of you at all, only then exparte decisions are taken.  It will show you in bad light and court wont accept your 126 application, rest usual mode is going for appeal in HC, there too, they wont accept your applcation untill unless you have paid half of arrears.

The law is clear.  If exparte proceedings order is passed, you generally move an application to set aside the said order.  If the judge rejects such an application, EVEN THEN YOU HAVE GOT A RIGHT TO CROSS EXAMINE THE PETITIONER WITNESS(ES) and also at the end of proceedings to argue the matter saying that the Petitioner failed to prove her case.  The initial burden is on the petitiner to prove his/her case, as Opposite Party you have got right to cross examiner him/her and petitiner's witnesses.  Then, obviously you may put a question that what disability you are facing after getting exparte proceedings orders against you.  You are not allowed to bring your witnesses or to prove your case.  In exparte proceedings, you have got THE RIGHT ONLY TO DISPROVE HER CASE.  Regarding judgments, a number of them are there, but it is your advocate's job to search them because for that only you are paying him and he is getting that mullah.  O.18 R.17 is not appropriate section in the given circumstnaces as it is meant to recall witnesses either by any of the parties or by the court.

thank you prabhakar sir and other respected members of the forum for helping me with my query. appreciate your replies......

prabhakar sir, request you to kindly advise, if it is not O18 , R17, then which is the correct section for the same. will really apprceciate your advise. thanks all