Sunday, 28 March 2021

Whether the party can confront another party's witness with the contents of pleadings or can ask to make comments or explain the party's pleadings?

 To wit, witnesses (other than the parties) have been confronted with the contents of the election petition or the written statement and asked to make comments or offer explanation as to passages therefrom, overlooking that Section 145 of the Evidence Act permits a witness being cross-examined as to previous statement made by him and not by a third person. How can a witness be confronted or asked to explain the contents of or averments made in writing or document to which he is not a party? 

Supreme Court of India
Makhan Lal Bangal vs Manas Bhunia & Ors. on 3 January, 2001
Bench: R.C.Lahoti, S.V.Patil
Equivalent citations: AIR 2001 SC 490, JT 2001 (1) SC 252, 2001 (1) SCALE 11.
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