Cross examination of defendant with conflict of interest
I am plaintiff in a civil suit regarding partition of ancestral property. There are 18 (eighteen) defendants in the suit. Def. No 18 is son of Def. No 1 and both of them have same interest and are colluding with each other. Def No 1 &18 have conflict of interest with Def No 10 who is DW 1 in this case. After the cross examination by the plaintiff of Def No 10 (DW 1), advocate of Def No 18 found some conflict of interest, requested for cross examination of Def No 10 (DW 1), which was allowed and he finished his cross examination. Now Advocate for Def No. 1 has requested to allow him to cross examine Def No 10 (DW 1) for the same conflict of interest.
Now my question is: Can two colluding defendants (Def No 1 and Def No 18) cross examine Def No 10 (DW 1) separately for same conflict of interest?
Asked 3 years ago in Civil Law from Udupi, Karnataka
Hi, as per law sometimes conflicting interests may cross examine co defendant but you may oppose the same but before going to oppose the same we have to go through the WS filed be each defendants so you can oppose the same as there no conflicting interests so the court will not allow.
You may raise the objections on it.
As per information provided by you both the defendant will get the same if any.
Advocate, New Delhi
1. Both can claim right for the said cross examination,
2. You may ofcourse putforth your objection for the same.
1) both defendant no 1 and 18 can cross examine Defendant no 10
2) court will permit cross examination .
In this case Def No 1 had earlier said he had no cross examination of Def No 10 (DW1) and it is noted in court orders. However even though Def 18 also said he has no cross examination unfortunately court did not record the same about Def 18 but plaintiff's advocate did not notice this. Plaintiff cross examined DW1 and at the end Def 18 took advantage of the fact that his initial decline to cross examine was not recorded in court orders and requested the court to permit him to cross examine DW1 which was granted. Now Def 1 also moved an IA to permit him to cross examine DW1.
I request you to refer to Civil Revision No. 420 of 1998 D/27.07.2000 of Orissa High court and give your valuable opinion.
Asked 3 years ago
Hi, in your case you have to challenge the order passed by the Hon'ble court by way of writ petition before Hon'ble High Court
and in normal circumstance it is a discreation of the court.
1) since court has not recorded that defendant no 18 does not wish to cross examine the defendant no 18 is at liberty to cross examine defendant no 1
2) rather than opposing application you should permit cross examination by other defendants
1. Defendant no.1 and 18 can enforce the right to cross examine the defendant no.10.
2. Court is likely to allow the cross examination.
1. The Court can allow such cross examinations for the ends of justice. There is no bar in it,
2. Your opposition for such cross examination may be looked adversely by the Court.