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Nathu Vs. Roshanlal Son of Nandlal Mehta - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Revision No. 341 of 1983
Judge
Reported in1983WLN516
AppellantNathu
RespondentRoshanlal Son of Nandlal Mehta
DispositionPetition allowed
Excerpt:
civil procedure code - crossexemation--court closing cross-examination when lawyer keeping himself busy in file--conduct of lawyer officer his client--held, interest of justice demands that cross examination be allowed.;the court closed the cross-examination of p.w. 1 as the defendants counsel was keeping himself busy in looking into the file. the conduct of the lawye affects his client and unwarranted conduct on the part of the lawyer may lead to injustice to the party. so in my opinion, the interest of justice demands that an opportunity may be given to the defendant-petitioner to cross-examine pw. 1 roshanlal as well as pw. 2 durgashankar.;revision allowed - - it may be stated that a lawyer owes some duty to the court, as well as to the client. this duty is not only owed to the..........of the defendant-petitioner is that the counsel for the defendant-petitioner was not allowed to cross-examine pw. 1 cross-examination was closed and in respect of pw. 2 it was stated that the counsel for the defendant does not want to cross-examine. the defendant-petitioner has submitted the certified copy of the statements of pw. 1 roshanlal and pw. 2 durgashankar. a perusal of the statement of roshanlal would reveal that the defendant's counsel started cross-examination. after putting 3-4 questions in cross-examination, the learned munsif recorded in the statement that the defendants's counsel is not proceeding with the cross-examination and had busied himself in looking into the file and wasting the time unnecessarily, then he proceeded to close the cross-examintation. in the.....
Judgment:

M.C. Jain, J.

1. This revision is directed against the order dated 6.1.1983, whereby after recording the statements of PW. 1 Roshanlal and PW. 2 Durga shankar, the case was posted for recording remaining evidence of the plaintiff. The grievance of the defendant-petitioner is that the counsel for the defendant-petitioner was not allowed to cross-examine PW. 1 cross-examination was closed and in respect of PW. 2 it was stated that the counsel for the defendant does not want to cross-examine. The defendant-petitioner has submitted the certified copy of the statements of PW. 1 Roshanlal and PW. 2 Durgashankar. A perusal of the statement of Roshanlal would reveal that the defendant's counsel started cross-examination. After putting 3-4 questions in cross-examination, the learned Munsif recorded in the statement that the defendants's counsel is not proceeding with the cross-examination and had busied himself in looking into the file and wasting the time unnecessarily, then he proceeded to close the cross-examintation. In the cross-examintion of PW. 2 it is recorded that the defendant's counsel does not want to corss-examine the witness.

2. Having heard the earned Counsel for the parties, I am of the opinion that it would be just and proper to allow the defendant-petitioner to cross-examine PW. 1 Roshanlal as wall as PW. 2 Durgashankar. It appears that the defendant's counsel in the context of closure of cross-examination of PW. 1 expressed not to cross-examine PW. 2 and the Court closed the cross-examination of PW. 1, as the defendant's counsel was keeping himself busy in looking into the file. It may be stated that a lawyer owes some duty to the Court, as well as to the client. The court's time, undoubtedly is precious and the lawyer is expected to come prepared for cross-examination. This duty is not only owed to the Court, but this duty is also owed to the client, as well. Without preparation of the case, he would not be able to discharge faithfully the duty, the lawyer owes to the client. Cross-examination of the witness requires preparation of the cross-examination in advance, so that he may be able to effectively cross-examination the witness having reference with the pleadings of the parties & the documents produced by them. The court may be justified, when cross-examination is not being conducted for sufficiently long time. The court cannot wait indefinitely and allow the counsel to prepare the cross-examination at that stage. Something must have been transpired in the court that led to the making of the statement by the counsel that he does not want to cross-examine PW. 2. I need not enter into any inquiry as to whether the order of closure of cross-examination was justified or not, but to it appears that the conduct of the lawyer affects his client and unwarranted conduct on the part of the lawyer may lead to injustice to the party. So, in my opinion, the interest of justice demands that an opportunity may be given to the defendant-petitioner to cross-examine PW. 1 Roshanlal as well as PW. 2 Durgashankar, and it is hoped that the defendant's lawyer will now conduct himself having duty regard to the observations made above.

3. The revision is, therefore, allowed and the defendant-petitioner is allowed to cross-examine PW. 1 Roshanlal and PW. 2 Durga Shankar. The defendant-petitioner shall pay a sum of Rs. 100/-(rupees one hundred) to the plaintiff-non-petitioner by way of costs. It is only on payment of costs, he would be able to avail the opportunity to cross-examine PW. 1 and PW. 2.


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