• Dispute on property

My wife and her brother and sister are fighting a court case for last many years at Gujarat, Bhavnagar, Sihor court. We were once cheated by a lawer who cross examined other brother who has claimed that he is a legal owner of entire property. The cheater advocate gave clean chit to the brother against whom three other heirs are fighting. We removed that lawer and appointed a new lawer. We want to again cross examine the culprit brother but court has rejected our recall notice. What to do?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

You have to find out another reason because the chief has been completed in the court and the code will definitely reject recall application for the chief to be done again if this is ancestral property then separate reason should be submitted to the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1)power under Order 18 Rule 17 CPC, though giving wide power to the Court to recall any witness at any stage of a suit in order to examine him/her, was also meant to be exercised sparingly so that after the examination and cross- examination of a witness, the said witness was not utilized for filling up the gaps in the evidence of the witness which had been elicited during cross-examination.

 

2) The power under the provisions of Order 18 Rule 17 CPC is to be sparingly exercised and in appropriate cases and not as a general rulemerely on the ground that his recall and re-examination would not cause any prejudice to the parties

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

- If, the said case is under the provision of Criminal offence, then after moving an applicatoin under section 311 CrPc , the said witness/culprit brother , can be recalled and re-examined during the trial of the case. 

- Further, if the case is under the provision of Civil Act, then after moving an applicaton under Order 18 rule 17 CPC, the said culprit brother can be re-examined/crossed once again.

- If, the said application has been rejected by the said Court, then you should file revision/appeal for challenging the said rejection order , in the higher court.

- You will get relief in your favour , If, you will challenge , the said order of rejection in the appealate court.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

File appeal or revision against the rejection order.

Reexamination of Material witness allowed even where accused held to have not exercised due diligence in defending themselves

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Get the injunction and writ petition from high court for cross examination.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Move to the HC challenging the said order by means of which the recall notice has been rejected. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You should file a civil revision in District court against the dismissal of recall request of witness.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can change lawyer in your case. There is no bar in engaging a new counsel but new lawyer cannot cross examine the witness again without the permission of court. For that he has to file application in court for re examine the witness. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to call for recall of that witness on the above grounds. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You can take up revision of the petition seeking reopen  and recall of witness before high court.

However remember that this witness evidence deposition alone will not decide the case, his evidence is just part of trial, you can cross examine other witnesses properly and also represent the final argument strongly which will be sufficient for winning the case.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear Sir,

The subject of cross-examination is one of vital importance in the conduct of law cases because only it has the power to sift the truth from falsehood. According to Section 137 of the Indian Evidence Act, the examination of a witness by the adverse party shall be called his cross-examination

The purpose of re-examination is to give the witness an opportunity to explain any matters raised during cross-examination and is therefore limited to only those matters that were raised during cross-examination

 

Witnesses can be re-examined or re-called only when interest of justice is affected by not doing so

Madhya Pradesh High Court: Recently, an application was made under Section 482 CrPC against the order in which the plea of applicants under Section 311 CrPC for recalling witnesses who were already examined and re-examined. The reason given by the applicant was that the counsel who was earlier engaged by the applicants could not put several questions on the material aspects, therefore, they had to change their counsel and because of the inability of their earlier counsel, they pleaded that they were being denied the fair trial. The applicants also took a plea under Section 138 of the Evidence Act which talks about the order of examination of witnesses and re-examination.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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