Case Note & Summary
The petitioner, Smt. Kamlabai wd/o Bhaiyaji Jangde, filed a writ petition challenging an order dated 15.07.2014 passed by the trial Court in Regular Civil Suit No. 3274 of 2012. By that order, the trial court denied the petitioner-defendant an opportunity to cross-examine PW3 Neha Shelke, a witness from N.I.T., on the ground that the defendant had earlier failed to avail the opportunity and the plaintiff was from Raipur and required to attend proceedings. The High Court, after hearing both sides, disposed of the matter by permitting the petitioner-defendant to cross-examine the witness, subject to payment of costs of Rs.750/- to the respondent on the date of first appearance. The parties were directed to appear before the trial court on 13.09.2016, and the trial court was to ensure the witness's presence. The High Court further ordered that if the defendant fails to cross-examine on that date, the right to cross-examination shall stand forfeited, and no adjournment shall be granted. The impugned order was quashed and set aside, and rule was made absolute.
Headnote
A) Civil Procedure - Cross-Examination - Denial of Opportunity - The trial court denied the defendant an opportunity to cross-examine PW3 Neha Shelke on the ground that the defendant had earlier failed to avail the opportunity and the plaintiff was from Raipur. The High Court held that the defendant should be permitted to cross-examine the witness subject to payment of costs of Rs.750/- and with a condition that if the defendant fails to cross-examine on the fixed date, the right to cross-examination shall stand forfeited. (Paras 2-3)
Issue of Consideration
Whether the trial court was justified in denying the defendant an opportunity to cross-examine a witness due to previous failure to avail the opportunity.
Final Decision
The High Court quashed and set aside the impugned order dated 15.07.2014 and permitted the petitioner-defendant to cross-examine PW3 Neha Shelke subject to payment of costs of Rs.750/- to the respondent on the date of first appearance. The parties were directed to appear before the trial court on 13.09.2016, and if the defendant fails to cross-examine on that date, the right to cross-examination shall stand forfeited. No adjournment shall be granted.
Law Points
- Right to cross-examination
- opportunity of hearing
- costs for delay
- peremptory order
