At this stage you have some of the options available to you with the very first option is negotiate with him and do the cross another option available with you is let the court summons the witness through legal channel and thereafter if in the cross examination the witness becomes hostile and you can opt for re examination of the same witness. Thereby if the witness himself found giving wrong statement the court will press charges against the witness this will play a trick. The legal opinion inthis case will be given after analyzing the documents
Witness refusing for cross after giving deposition
We filed original suit for declaration of ownership of agricultural land in district court, which was bought by my deceased father 25yrs ago through registered sale deed in karnataka. But he didn't do mutation which lead to seller's son claiming inheritance after his father's demise and led to our current problems, where seller's son claims it is nominal sale deed for a loan guarantee. At present land got mutated in my deceased father's name from seller's son through Asst Commissioner's order. in court, we named lawyer who drafted our registered sale deed as our only witness and initially he agreed and he gave deposition before the court. however, now he is refusing for cross examination without huge payment to him. he is saying if we force him for cross through court, then he will lie on facts and also say to judge that we have coerced him for deposition. I've no other witnesses on my side since we left village long time ago. I was told that Supreme court has come up with order that if its nominal sale deed then that has to be mentioned in the sale deed, whereas our registered sale deed says absolute sale deed in title and talks of complete ownership transfer. My Question is 1) Can i drop him and only relay on documentary evidence at this crucial stage? would it affect my chances severely? Do i have other options? Thanks
Asked 4 years ago in Property Law
Religion: Hindu
11 Answers
1) untested evidence is no evidence
2) if lawyer has been named as witness and has filed affidavit of evidence his cross examination is necessary
3) if lawyer lies on facts then you can file application for perjury against said lawyer under section 340 cr pc for making false statement on oath
4) you should not drop him and do no rely only on documentary evidence
It's better to drop him as he will damage your case. You can bring any other person who were witness to sale deed. Or you can also call for person from sub registrar office who registered the deed
What is the need of witness and filling declaration suit. By virtue of registered sale deed and long undisputed possession, your title and ownership in the property is clear. And Revenue Record Entries Do Not Confer Title To A Property. So non mutation dose not have any consequences.
Better withdraw the suit with the liberty to file fresh if need arise. Let the son go to court. His case is very week or has no case.
Registered sale deed, - presumption of valid trasfer of ownership. Nothing like nominal sale deed. Burden is on him to prove that transaction was a sham one.
- A lawyer , who has drafted and registered the sale deed cannot be an authentic witness compare than the attesting witnessess , who are a part of the sale deed.
- Since, the said lawyer has only drafted and registered your sale deed, he cannot become hostile , if the sald sale deed , containing his stamp/seal and attestatiion, but his deposition will not autheticate your sale deed.
- Hence, you can drop him , and reply upon the documentary evidence, because there is an absolute registered sale deed .
- Better, you should move an application for summoning the Registrar/his concerned staff, with the record of your sale deed , and to prove its autheticity.
1. If there are enough documentary evidences then only plaintiff can give his deposition and can drop him it won't effect.you case as since there absolute sale feed then it may not cause any problem.
Hello,
You can declare him hostile, however you can call the register and the witness who signed the deed.
Regards
The registered sale deed need not have to be established through a witness.
If the said advocate is not willing to cooperate for cross examination, you may inform court about it and allow the court to decide about this subject.
You can produce the citation of the supreme court stating it was a not a nominal sale deed but an absolute sale deed, hence the registered document need not be established for its authenticity through a witness, you can convince the court in your argument.
1. If a witness who is examined in examination in chief does not turn up for his cross examination then his examination of chief cannot be read by the court and it has scrap value.
2. You cannot drop him now that his examination in chief has already taken place.
3.The registered sale deed has to be proved independently of his testimony. Since the document is registered there is a presumption of it being validly executed,
1.if Answers given during cross examination are intentionally false ( mensrea) then it will amount to perjury. and punishable under section 193. IPC.
2. dont drop him.
No after chief disposition from witness you cannot give up the witness at stage of cross examination.
You should ask him to negotiate the terms for croasexamination or you should record the conversation where he blackmails you for giving false statement in court and make complaint against him in court.
