Case Note & Summary
The petitioners, who are defendants in a civil suit, challenged an order of the trial court that denied them permission to cross-examine the plaintiff. The trial court had fixed the matter for the plaintiff to lead further evidence. The plaintiff filed his own affidavit in lieu of examination-in-chief. However, when the matter was taken up for cross-examination, the counsel for the defendants was not present. Consequently, the trial court proceeded without permitting cross-examination and rejected the defendants' application for permission to cross-examine. Aggrieved, the defendants filed a writ petition before the Bombay High Court. The High Court noted that the defendants' counsel undertook to fully cooperate with the trial court in disposing of the matter within a stipulated period and not to seek any adjournment. In view of this undertaking, the High Court allowed the writ petition and set aside the trial court's order. The High Court directed the parties to appear before the trial court on 2nd March 2015, on which date the plaintiff shall remain present and the defendants shall cross-examine him on the same day. It was further directed that if the defendants fail to cross-examine on that day, their right to cross-examine shall stand forfeited. The trial court was also directed to finally decide the civil suit before the commencement of the Summer Vacation of 2015. No order as to costs.
Headnote
A) Civil Procedure - Right to Cross-Examination - Denial of Opportunity - The trial court rejected the defendants' application for permission to cross-examine the plaintiff because their counsel was absent at the time of cross-examination. The High Court allowed the writ petition, restoring the right to cross-examine subject to the condition that the defendants cross-examine the plaintiff on the same day and cooperate in speedy disposal. Held that the right to cross-examine is a valuable right and should not be denied without affording an opportunity, but the court can impose conditions to prevent delay. (Paras 2-4)
Issue of Consideration
Whether the trial court was justified in denying the defendants the opportunity to cross-examine the plaintiff due to the absence of their counsel at the time of cross-examination.
Final Decision
The writ petition is allowed. The parties are directed to appear before the trial Court on 2nd March, 2015, on which date the plaintiffs shall remain present and the petitioners/defendants shall cross examine the plaintiffs on the very same day. If the defendants fail to cross examine, the right to cross examine shall stand forfeited. The trial Court shall decide the civil suit finally before the Summer Vacation of 2015 commences. Rule made absolute. No order as to costs.
Law Points
- Right to cross-examination
- Civil procedure
- Forfeiture of right to cross-examine
- Cooperation in trial
- Speedy disposal
