Sunday, 11 November 2018

Whether evidence of witnesses recorded prior to passing of exparte decree can be used to confront them?

 In my view, where an order setting aside the ex parte decree with permission to file written statement attains the finality, it has the effect of wiping out the entire evidence recorded prior to setting aside the ex parte decree and the Court will have to re-record such evidence. The evidence of the witnesses of the plaintiff recorded earlier can be used to confront it to the said witnesses, as is permissible under Section 145 of the Indian Evidence Act, being the previous statement of the witnesses.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Writ Petition No. 2177 of 2016

Decided On: 03.04.2018

 Chandraprakash Dayaramji Lanjewar Vs.  Ratnakala Wamanrao Khatkhede and Ors.

Hon'ble Judges/Coram:
R.K. Deshpande, J.

Citation: 2018(5) MHLJ 57.
Read full judgment here: Click here

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