HC: Court cannot compel a Counsel to conclude cross-examination on the very day when it starts

 

The Single Bench of the Delhi High Court in the case of Sunita vs Premwati consisting of Justice C. Hari Shankar held that Court cannot compel a Counsel to conclude cross-examination on the very day when it starts.

Facts

This petition under Article 227 assailed an order passed by the learned Civil Judge to the extent it closed the right of the petitioner, as the defendant in the suit, to cross examine PW-1.

Procedural History

The learned Civil Judge declined the adjournment by noting that the plaintiff is an 80 years old citizen and despite the time constrain, several irrelevant questions was asked. Furthermore, the learned counsel for the defendant had been appearing in the matter on all the dates and another counsel had appeared only twice in the span of last 3 yrs.-

Observations by the Court

The Bench noted that given the fact that cross-examination of PW-1 commenced only at 12.15 p.m., the learned Civil Judge was, prima facie, not justified in rejecting the petitioner’s request for permission to continue cross-examination of PW-1 on the next date of hearing.

It considered all the factors for which the learned Civil Judge had refused the petitioner’s request for further opportunity to cross-examine as irrelevant. It further opined that:

 

“While it is open to a Court to jettison irrelevant and immaterial questions, if asked by Counsel, nonetheless, save and except in the rarest of circumstances, the Court cannot compel a Counsel to conclude cross-examination on the very day when it starts.”

Order 

This Court concluded that in the interests of justice, the petitioner ought to be allowed permission to continue cross-examination of PW-1 on the next date of hearing when the matter is listed before the learned Civil Judge. The petitioner was directed to endeavour and make all efforts to conclude the cross-examination of PW-1 on the said date. No adjournment was to be granted to the petitioner in that regard.

Case: Sunita vs Premwati

Citation: CM(M) 1097/2022 & CM APPL. 44800/2022, CM APPL. 44801/2022

 

Bench: Justice C. Hari Shankar

Decided on: 27^th October 2022 

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(With input from news agency language)

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