AIR 1982 BOMBAY 498

Bombay High Court

Hon'ble Judge(s): A. N. Mody , J

(A) Hindu Marriage Act (25 of 1955) , S.13(1)(i)— Pleadings - Alibi evidence of co-respondent - Cannot be believed in absence of pleading in that behalf. Civil P.C. (5 of 1908) , O.8 R.2— @page-Bom499 If a person is relying on an alibi, it is necessary that it should be pleaded. The alibi of the co-respondent relied on, if not pleaded, is likely to take the opposite party by surprise and it ought to have been pleaded and not having been pleaded, apart from the question of whether he can lead evidence, the defence becomes difficult of belief.(Para 21) (B) Evidence Act (1 of 1872) , S.137, S.138— Cross-examination - Scope. The answers in examination-in-chief are normally in reply to the questions put by the advocate, but whatever is stated is really the case of that witness and particularly when the witness is a party to the proceedings of that party. All the questions which are asked with a view to challenge the evidence-in-chief are permissible. There is no provision, of law which says that cross-examination should be confined to what is volunteered by the witness and cannot be directed to challenge or clarify the answers given in reply to the questions put by his own advocate in examination-in-chief.(Para 23) ....