Case Note & Summary
The petitioners, Smt. Pritabai Suryakant Shetgaonkar and others, filed a Writ Petition under Article 227 of the Constitution of India challenging an order passed by the Civil Judge, Senior Division, Bicholim in Regular Civil Suit No. 12/2012. The impugned order restricted the petitioners' right to cross-examine the respondents' witnesses. The petitioners sought a direction to set aside the impugned order and allow them to cross-examine the witnesses. The respondents opposed the petition. The court, relying on its earlier decision in Bhujang Nathuji Daf v. Ramkrishna Daulat Daf, 2009(1) Mh.L.J. 683, held that the order of cross-examination is no longer res-integra and that cross-examination must be availed before the evidence is closed. The court allowed the petition, set aside the impugned order, and granted liberty to the petitioners to cross-examine the respondents' witnesses subject to payment of costs of Rs. 1,000/- to each of the respondents who have already been cross-examined. The court directed the trial court to fix a date for cross-examination and complete the same within two months.
Headnote
A) Civil Procedure - Cross-Examination - Right to Cross-Examine - Code of Civil Procedure, 1908, Order 18 - The issue pertains to the order of cross-examination to be availed by parties during recording of evidence before the trial court. The court held that the order of cross-examination is no longer res-integra in view of the earlier decision of this Court in Bhujang Nathuji Daf v. Ramkrishna Daulat Daf, 2009(1) Mh.L.J. 683, which held that cross-examination must be availed before the evidence is closed. The court allowed the petition and set aside the impugned order, granting liberty to the petitioners to cross-examine the respondents' witnesses subject to payment of costs. (Paras 5-6)
Issue of Consideration
Whether the trial court's order restricting the petitioners' right to cross-examine the respondents' witnesses is sustainable in law.
Final Decision
The court allowed the petition, set aside the impugned order, and granted liberty to the petitioners to cross-examine the respondents' witnesses subject to payment of costs of Rs. 1,000/- to each of the respondents who have already been cross-examined. The trial court was directed to fix a date for cross-examination and complete the same within two months.
Law Points
- Cross-examination must be availed before evidence is closed
- Order of cross-examination is not res-integra
- Reliance on Bhujang Nathuji Daf v. Ramkrishna Daulat Daf
Case Details
2013 LawText (BOM) (08) 138
WRIT PETITION NO. 292 OF 2013
Mr. S.G. Bhobe for petitioners, Mr. G. Agni for respondent nos. 2 and 3, Mr. S. D. Padiyar for respondent no.4
Smt. Pritabai Suryakant Shetgaonkar, Shri Prasad Suryakant Shetgaonkar, Shri Laxman Suryakant Shetgaonkar
Shri Ramchandra Narbarao Sardessai, Shri Vilas Vaikunthrao Sardessai, Smt. Lata Vilas Sardessai, Shri Deelip Malbarao Sardessai, Smt. Rekha Deelip Sardessai, Smt. Sheela Madhav Sardessai, Shri Mandar Madhav Sardessai
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Nature of Litigation
Writ Petition under Article 227 of the Constitution of India challenging an order of the Civil Judge, Senior Division, Bicholim in Regular Civil Suit No. 12/2012.
Remedy Sought
Petitioners sought setting aside of the impugned order and direction to allow cross-examination of respondents' witnesses.
Filing Reason
The trial court passed an order restricting the petitioners' right to cross-examine the respondents' witnesses.
Previous Decisions
The trial court's order in Regular Civil Suit No. 12/2012 restricted cross-examination.
Issues
Whether the trial court's order restricting cross-examination is sustainable in law.
Whether the order of cross-examination is res-integra in view of the decision in Bhujang Nathuji Daf v. Ramkrishna Daulat Daf.
Submissions/Arguments
Petitioners argued that the impugned order is illegal and contrary to law.
Respondents opposed the petition.
Ratio Decidendi
The order of cross-examination is no longer res-integra; cross-examination must be availed before the evidence is closed, as held in Bhujang Nathuji Daf v. Ramkrishna Daulat Daf.
Judgment Excerpts
A short point for consideration in the above Writ Petition is the order of cross examination or liberty to cross examine to be availed by the parties in the course of the recording of evidence before the trial Court.
This aspect can no longer be res-integra in view of the order passed by this Court dated 26.07.2013 while disposing of Writ Petition No. 444 of 2013 wherein the judgment of the learned Single Judge of this Court reported in 2009(1) Mh. L.J. 683 in the case of Bhujang Nathuji Daf and another Vs Ramkrishna Daulat Daf and others has been relied upon.
Procedural History
The petitioners filed Writ Petition No. 292 of 2013 before the High Court of Bombay at Goa challenging an order of the Civil Judge, Senior Division, Bicholim in Regular Civil Suit No. 12/2012. Notice was issued to the respondents. The court heard the matter and disposed of the petition at the admission stage.
Acts & Sections
- Code of Civil Procedure, 1908: Order 18
