Saturday, 2 December 2017

How to appreciate evidence if witness is cross examined for five years?

Much has been argued on the statement of Kishan Lal Tapadia DW-1 the Power of Attorney Holder of the Secretary of the Maheswari Kunj Nyas Trust to submit that there are many contradictions in his statement and that he has accepted the possession of the appellants over the suit property as their residence and further he has deposed against the documentary evidences filed by the respondents. Learned counsel for the appellants has taken the Court through several pages of the cross examination of D.W.-1 to impress upon the court that the respondents have failed to prove their case of suit property being Dharmshala.

273. To deal with the submissions of learned counsel for the appellant in this regard, it would be relevant to note that D.W.-1 was cross examined for approximately the period of five years from 07.02.2001 to 17.05.2005. His cross examination runs in more than 500 pages of paper book No. 3. A perusal of the cross examination of D.W.-1 further shows that the same question was put to him differently several times after recalling him in the witness box. The fact that the witness was cross examined for five years is sufficient to conclude that the contradictions were bound to happen.


First Appeal Nos. 55 of 2008, 448 and 472 of 2007

Decided On: 06.03.2017

Radha Sharan Dubey and Ors. Vs. Ram Niwas and Ors.

Hon'ble Judges/Coram:
Sunita Agarwal, J.
Citation: AIR 2017(NOC) 828 ALL
Read full judgment here: Click here

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