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cross examination cancelled by Judge bcause of petitioner


01-Oct-2023 (In Divorce Law)
Two times judge asked petitioners to come in witness box, petitioner said that his lawyer told him that wait for him..as his lawyer getting late to come to court. After waiting long hours. So judge closed cross examination and put note of petitioner's denial. Is this positive for respondent?
Answers (3)

Answer #1
693 votes
No,It was obligatory for the petitioner to comply with the direction of the Judge as his examination in chief was already recorded eitherby way of affidavit or by way of oral testimoney.Infact the evidence produced by the petitioner could not be given credence as it should have been given
Answer #2
646 votes
yes, if the same has been noted in the order it shall have a negative impact on the petitioners side. It shall effect the final arguments when the case reaches that stage as the file would not contain the petitioners version of cross examination. But again it is the sole discretion of the judge to do away with this default or to keep it in account.
Answer #3
674 votes
hi,
yes offcourse, somehow it will give the benefit to the respondent. ...

thanks & regards
Puneet sharma

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