AIR 2002 CALCUTTA 235 ::(2003) 1 CivilCourtC 48

Calcutta High Court

Hon'ble Judge(s): Sen Gupta , J

Evidence Act (1 of 1872) , S.137— Examination of witnesses of plaintiff - A pro forma defendant has no right to examine either adversely or friendly plaintiffs witnesses - Nor he has any right to bring his own witnesses and cross examine adversely defendants witnesses - Moreso when he has not filed any written statement. Examination of witness is necessary in order to prove the case of the respective parties and to disprove the case of adversary party to the suit. The plaintiff brings his own witness to establish his claim, and unless there is pleading, question of proof does not arise, therefore, any party to the suit who wants to establish his own right or demolish the case of the adversary by filing a pleading can always bring their evidences as a matter of right either by citing witness or producing documents as it appears from the scheme of chapter X of Indian Evidence Act 1872. Thus the right of examining the witness is confined only to a party who has brought action and the adversary party. Moreover, the examination of the witness must relate to relevant facts in the issue raised in the suit. In the present case plaintiff has brought action to question a decree passed by Court in a suit previously filed by the predecessor-in-interest of the defendants. The pro forma defendant in this suit was not a party nor any interest in the controversy and/or subj....