Tuesday, 24 December 2019

What conditions are to be satisfied before deposition recorded in previous suit can be relied in subsequent suit?

6. As per the well settled law on the subject the following conditions are necessary to be satisfied before the evidence recorded in a previous judicial proceedings can be received in another judicial proceedings:-

(1) The evidence must have been given in a judicial proceeding or before any person authorized by law to take evidence;

(2) That the first proceeding was between the same parties as in the second proceeding or between representatives in interest of the parties;

(3) That the party against whom the deposition is tendered had the full opportunity of cross examining the deponent when the deposition was recorded;

(4) That the issues involved in both the proceedings are the same or are substantially the same;



(5) That the witness is incapable of being called at the subsequent proceeding on account of death, or incapability of giving evidence, or being kept out of the way by the other side, or an unreasonable amount of delay or expense etc.,

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

C.R.P. No. 7339 of 2018

Decided On: 23.04.2019

Jakka Srinivasa Rao  Vs. Javvaji Venkata Chalapathi Rao and Ors.


Hon'ble Judges/Coram:
D.V.S.S. Somayajulu, J.


Citation: AIR 2019 AP 18
Read full judgment here: Click here
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