Case Note & Summary
The petitioners were subsequently added as party defendants in Special Civil Suit No.70 of 2007 on 14/9/2010. After being added, they filed their written statement and also moved an application (Exh.141) seeking permission to cross-examine the plaintiff, who had already been examined-in-chief. The trial court rejected this application on 15/12/2010. The petitioners challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution of India. The High Court observed that the petitioners were added as defendants after the plaintiff's evidence was recorded, and they had no opportunity to cross-examine the plaintiff earlier. The court held that the right to cross-examine is a valuable right and cannot be denied merely because the defendants were added later. The court set aside the trial court's order and directed that the petitioners be permitted to cross-examine the plaintiff, subject to payment of costs of Rs. 1,000/- to the respondents. The writ petition was allowed with costs.
Headnote
A) Civil Procedure - Right to Cross-Examine - Subsequent Joinder of Parties - Order 18 Rule 17A, Code of Civil Procedure, 1908 - The petitioners were added as defendants after the plaintiff's examination-in-chief was recorded. They sought to cross-examine the plaintiff. The trial court rejected their application. The High Court held that the right to cross-examine is a valuable right and cannot be denied merely because the defendants were added later. The court directed that the petitioners be permitted to cross-examine the plaintiff, subject to payment of costs of Rs. 1,000/-. (Paras 1-5)
Issue of Consideration
Whether defendants who are subsequently added to a suit are entitled to cross-examine the plaintiff who has already been examined-in-chief.
Final Decision
The writ petition is allowed. The impugned order dated 15/12/2010 is set aside. The petitioners are permitted to cross-examine the plaintiff subject to payment of costs of Rs. 1,000/- to the respondents.
Law Points
- Right to cross-examine
- subsequent joinder of parties
- Order 18 Rule 17A CPC
- opportunity to cross-examine
- procedural fairness
