- In Capitol Art House (P) Ltd. v. Neha Datta, the Delhi High Court held that the re-examination opportunity cannot be used as a chance to undo its prior statement made during cross-examination and fabricate the evidence.
- In this case, the Court was dealing with a suit filed by the petitioner seeking to injunct the occupants, the defendants, from illegally entering any part of the first floor and the balcony of a shop located on the ground floor of the premises.
- Subsequently, on 2nd August, 2019, issues were framed in the suit and a Local Officer was appointed to investigate and record evidence of the parties.
- A Single Bench comprising Justice Amit Bansal noted that on 20th May, 2022, during the proceeding before the Local Officer, the counsel of the defendant requested to re-examine a defence witness which was opposed by the counsel of the petitioner.
- Accordingly, the Local Officer referred the matter to the Ld. Court for appropriate orders.
- The counsel of the defendant contended that the defendant was absolutely entitled to re-examine the witness as the said witness has replied only in 'yes' and 'no', and a proper explanation is needed from him.
- On the other hand, the counsel of the plaintiff opposed the request and argued that a witness can never be allowed to be re-examined.
- It was further submitted by the plaintiff's counsel that the said witness was an educated person with a law degree and had carefully chosen to give the answers with a conscious state of mind.
- The Hon'ble High Court after properly examining the facts, observed that the counsel for the defendant is trying to get further explanation of the answers from the witness in the guise of re-examination.
- The Court further observed that 'there is no ambiguity, whatsoever, in the answers given by the witness that may require an explanation through re-examination. In the present case, the witness is a law graduate and has consciously chosen to give her answers in either 'yes' or 'no' without giving any explanation in support thereof.
- Accordingly, the Court held that no case of re-examination can be made out here as a witness cannot be made to re-examine just to undo his prior statements given during cross-examination.
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