The High Court dismissed a civil revision petition challenging an order rejecting the petitioner's application to proceed without cross-examination. The Court held that it is for the opposing side to decide whether to cross-examine a witness, and the trial court may proceed and draw adverse inference if the petitioner refuses to enter the witness box.
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.
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 05.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
CRP No.5061 of 2024 & CMP.No.28383 of 2024
P.M.Rangaami . . . Petitioner
Versus
V.Ramkumar . . . Respondent
PRAYER : Petition filed under Article 227 of Constitution of India to allow this Civil Revision Petition and to set aside the Order dated 15.03.2023 passed in unnumbered I.A.No. Of 2023 in O.S.No.215 of 2014 on the file of the Principal District Munsif Court, Poonamallee, wherein the learned Principal District Munsif, Poonamallee rejected the prayer of the petitioner to proceed further without his cross examination.
For petitioner : Mr.P.M.Rangasami, Party in Person
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O R D E R
Challenging the rejection of the application filed by the revision petitioner to proceed further without cross examination of the petitioner, the present Civil Revision Petition has been filed.
is not willing to enter into the box and give evidence, the trial Court still can dispose of the suit by drawing adverse inference against him.
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N. SATHISH KUMAR, J.
vrc
CRP No.5061 of 2024
05.12.2024
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2 issues framed by the court
Whether a party has an absolute right to decline cross-examination?
Whether the trial court can proceed and draw adverse inference if a party refuses to testify?
1 provisions across 1 enactments
P.M.Rangaami
V.Ramkumar
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
