Party not subjecting himself to cross examination inspite of court order-it is n

[bpagrawal]

Party not subjecting himself to cross examination inspite of court order-it is not safe to rely on his examination in chief

The plaintiff-landlord had not subjected himself to crossexamination in spite of the order of the court on remand. It would, therefore, not be safe to rely on the examination-in-chief which was not subjected to cross-exami- nation before the remand was made. If that is so, it will appear that there is no evidence of the plaintiff in respect of the allegations in the plaint. There was no question of cross-examining the plaintiff travelling beyond the evidence of the plaintiff given in examination-in-chief and thereby giving an opportunity to make out a case in cross-examina- tion. It therefore, appears from the pleadings and the evidence that the respondent did not make out any case of the appellant parting with possession by putting up the hoarding1

Supreme Court of India
Gopal Saran vs Satyanarayana on 20 February, 1989
Equivalent citations: 1989 AIR 1141, 1989 SCR (1) 767
Bench: Mukharji, Sabyasachihttp://www.lawweb.in/2014/03/party-not-subjecting-himself-to-cross.html