The High Court dismissed an application seeking to expunge an admission made by a witness during cross-examination regarding a signed letter, ruling that such an allegation does not constitute sufficient cause to remove the evidence.
Application to expunge evidence recorded during cross-examination dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 17TH DAY OF NOVEMBER 2017
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A. No.6281 of 2017 in C.S.No.964 of 2010
Arun Kumar (@ Arun Kumar Ashkaran) Suit (Flat) No.10, 4th Floor, Chandrapuri Apartment, Chennai 600 112. ...Applicant/Plaintiff
-vs-
(*) 4. Abhinay Mehta Al are at residing at No.6, Dr.T.V.Naidu Road, Chetpet, Chennai 600 031. : Respondents/Defendants
(*) Defendants 2 to 4 are brought on record as Legal Heirs of sole defendant as per Order dated 06.09.2013 in A.No. 3371 of 2013 and Amendment carried out as per order dated 04.10.2013 in A.No. 4605 of 2013.
Application praying that this Hon'ble Court be pleased to pass an order to Eschew/Expunge the Evidence recorded during cross examination of P.W.1 dated 11.08.2017 at page 6 of P.W.1's evidence as "My letter dated 17.11.2007 which contains my signature is marked as Ex.D1" and subsequent recording of evidence in context with Exhibit D1 either in the form of question & answer or otherwise along with Letter dated 17.11.2007 marked as Exhibit D1.
2
This Application coming on this day before this court for hearing the court made the following order:-
This Application has been filed seeking to eschew/ expunge the evidence recorded during cross examination of PW1 on 11.08.2017 at page 6 of PW1's evidence as “my letter dated 17.11.2007 which contains my signature is marked as Ex.D1” and subsequent recording of evidence in context with Ex.D1 either in the form of question and answer or otherwise along with letter dated 17.11.2007 marked as Ex.D1 and thus render justice.
//Certified to be a true copy// Dated this the day of 2018
JJ 23/04.2018 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
1 issue framed by the court
Whether an allegation of improper translation and lack of understanding provides sufficient cause to expunge evidence recorded during cross-examination.
Arun Kumar
Smti. Kalpana Mehta
Lalith Mehta
Abhisek Mehta
Abhinay Mehta
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
