Arvind (Executive) 16 October 2010

Request Advice on rights of complainant.

My wife has filed a suit seeking injunction against family members from disturbing her peacefull possesion of property in Tamilnadu. We are based in Bangalore.

The Case is in Trial stage and she is being cross examined by opposite side advocate who have been deliberatly dragging on the cross examination for the 3rd time. They have already cross examined her for 2 different days over the last 15 days.

This is deliberatly being done to purely harrasse her by making her travel all the way from Bangalore.

More over the questions being asked are mostly not rellavent to the case.

Is there no limits to the number of times/days that a complainant can be questioned / cross examined??

can anyone tell me if we have any rights in the matter - to stop this dragging, to stop irrelevant questions being asked in the guise of cross examination.

regards

Arvind

Reply Follow

4 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 16 October 2010

Dear Querist,

As per ordinary practice, in such a situation where delay is looming large in the trails of your case, you may conveniently move under writ for an direction to the trial court concerned to expedite the trial in a timebound scale or alternatively, if you have genuine apprehension that you may not get justice, you may ask for transfer of the case to any other district court of your choice in TN.

Trust this would be fine.

Thanks & regards.

Rabin Majumder
Advocate & Attorney
For Nu.Delhi.Law.Fora.
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001

Arvind (Executive) 17 October 2010

Dear Mr Majumdar,

Thankyou for your response.

Is there any time limits to the number of times a comlainant can be summoned for cross examination ?

regards

Arvind

R.Ranganathan (Advocate) 18 October 2010

Your advocate can take objections for the irrelevant questions and also ask the court concerned to complete the proceedings without giving any adjournments. If you go for writ then you will only be put to further delay in the matter and no direction from the High court will help you in the day to day proceedings. You ask your advocate to take up the issue with the Judge concerned in the court and pray for the completion of the trial without any further delay or ask for T.A. and other expenses for coming from Bangalore due to the opposite parties delay tactics.

Darshan Sharma (Lawyer-cum-detective) 22 October 2010

Your advocate should object to the irrelevant questions and pointing out the repeated harassment due to adjounments and pray for the completion of the trial without any further delay. Ask for T.A. and other expenses for coming from Bangalore due to the opposite parties delay tactics as hinted by learned ShriRANGANATHAN..