Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, June 28, 2017 01:11:12 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Allowing witness to correct his deposition shall make cross-examination a mockery

By
08th-Apr-2017       Readers ( 179 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

Appellate Division :
(Civil)
Md Abdul Wahhab Miah J
Nazmun Ara Sultana J
Md Imman Ali J
Md Nizamul Huq J
Judgment
July 28th, 2016
Sharifullah (Md) and
anothers .... Petitioner
vs
Md Tafazzal Hossain and another-Respondents
Code of Civil Procedure (V of 1908)
Order XVIII, rule 17
Evidence Act (1 of 1872)
Sections 137 and 138
A witness is not entitled to correct his deposition after putting his signature in the deposition sheet and if such a recourse is allowed to be practised by a witness, then the whole purpose of cross examination shall be frustrated and in the process the cross examination shall become a mockery. . ..... (7)
Aminul Haque Advocate instructed by Madhu Malati Chowdhury Barua, Advocate-on-Record-For the Petitioner.
Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No.1.
None Represented -Respondent No.2.
Judgment
Md Abdul Wahhab Miah J : The delay of 15 days in filing the petition is condoned.
2. This petition for leave to appeal has been filed against the judgment and order dated 19-4-2012 passed by a learned Judge of the Single Bench of the High Court Division in Civil Revision No. 561 of 1999 making the Rule absolute with some direction.
3. Short facts necessary to dispose this petition are that respondent No.1 as the plaintiff filed Title Suit No. 284 of 1983 in the Court of Subordinate Judge, 4th Court, Dhaka for partition of the suit land. Subsequently the suit being transferred to the Court of Subordinate Judge and Artha Rin Adalat No. 4, Dhaka was renumbered as Title Suit No. 270 of 1985 and then again it was renumbered as Title Suit No.41 of 1992 on being transferred to the Court of Artha Rin Adalat and Subordinate Judge, Dhaka.
4. The suit was decreed exparte on 2-8-1993 against the defendant-petitioner herein and respondent No. 2. The defendant-petitioner along with the other defendant (respondent No. 2, herein) filed an application under Order IX, rule 13 of the Code of Civil Procedure (the Code) for setting aside the ex-parte decree. The application was registered as Miscellaneous Case No.27 of 1994.
5. Respondent No.1 as the plaintiff filed written objection to contest the miscellaneous case.
The case being ready for peremptory hearing, hearing commenced and after examination of the defendant-petitioner (in the miscellaneous case), the plaintiff-opposite party (in the miscellaneous case) was examined as OPW 1 on 19-11-1998.
Then on 17-1-1999 i.e. after almost two months he (the plaintiff-opposite party) filed an application under Sections 151 and 152 of the Code for correction of his depositions by expunging some portions of his statement in cross examination.
The trial Court by its order of the same date (17-1-1999) rejected the prayer. Challenging this order the plaintiff filed the above mentioned civil revision before the High Court Division. A learned Judge of the Single Bench by the impugned judgment and order made the Rule absolute directing the trial Court "to correct the deposition and cross examination of the OPW. I and to dispose of the case within 4(four) months from the date of receipts of this judgment and order in accordance with law"; hence this petition of leave to appeal.
6. Heard Mr Aminul Haque, learned Counsel for the petitioner and Mr Nurul Islam Chowdhury, learned Advocate-on-Record who entered caveat on behalf of plaintiff-respondent No. 1.
7. We have considered the provisions of Order XVIII of the Code and Sections 137 and 137 of the Evidence Act. These provisions of the respective law have dealt with the hearing of the suit and examination of witnesses.
From a reading of these provisions of laws it appears to us that a witness is not entitled to correct his deposition after putting his signature in the deposition sheet and if such a recourse is allowed to be practised by a witness, then the whole purpose of cross examination shall be frustrated and in the process the cross examination shall become a mockery.
But the High Court Division totally to consider the above mentioned provisions of the laws and also the impact of such a recourse resorted to by the plaintiff-opposite party and it, in a very casual manner, allowed the prayer of the plaintiff-opposite party.
So, the High Court Division committed an apparent error in making the Rule absolute with the direction as quoted hereinbefore, and as such, the impugned judgment and order cannot be sustained and that must be set aside.
Since we have heard the learned Counsel for the petitioner and the learned Advocate-on Record for plaintiff-respondent No.1, we are inclined to interfere with the impugned judgment and order in a summary manner without giving any leave, as if leave is granted it would cause delay in the disposal of the miscellaneous case, the case being of the year 1994. Accordingly, this petition is disposed of in the following terms:
8. The impugned judgment and order of the High Court Division is set aside and those of the trial Court is restored.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Eid Mubarak


THE nation is set to celebrate EID-UL-FITR on Monday subject to sighting of the moon of Shawal. It is also known as the 'Feast of Breaking the Fast' through the whole month of Ramzan. Preparations are afoot throughout the country to end the fasting through festivities. Eid is an important ...

Cricket »

Danielle Hazell claimed the wicket of Punam Raut in the match of the ICC Women`s World Cup between England and India in Derby on Saturday.


.

City »

BNP Standing Committee Member Gayeshwar Chandra Roy speaking at a protest rally organised by Jatiyatabadi Projanmo Dal at the Jatiya Press Club on Saturday demanding release of BNP leader Barkat Ullah Bulu.


.

Entertainment »

Shahrukh is not doing a cameo in Jagga Jasoos


It was recently reported that Shah Rukh Khan will do a cameo in Ranbir Kapoor’s Jagga Jasoos, however contrary to the rumours it emerges that Shah Rukh Khan will not be seen in Anurag Basu’s musical adventure featuring Ranbir Kapoor and Katrina Kaif. Sources close to the film rubbishes the ...

International »

Ivanka ordered to testify in dispute with shoe company


AP, New York :Ivanka Trump must testify in a dispute with an Italian shoemaker over one of her company's shoe designs, a judge said Friday.U.S. District Judge Katherine Forrest rejected a request by the senior White House aide's lawyers that she be blocked from submitting to a deposition in the ...

Editorial »

Safety on highway must be high on card


AS the Eid-ul-Fitr is knocking the door, home-bound passengers are taking long journey on highways and using Railways and Waterways to reach families overnight. There is acrimonious scene all over and we must say the government must ensure discipline at critical places to avoid mishap. The weather is however good ...

Back Page »

Iftar Mahfil welfare approach


Abdul Muqit Chowdhury :Iftar Mahfil has become a tradition in the Holy Ramzan. Such gathering, if it is a positive approach to contribute to fraternal relation in the society, is surely acceptable. Sharing the joy of fasting irrespective of social status and class is praiseworthy.This reflects allegiance to the Islamic ...

City »

BNP Standing Committee Member Barrister Moudud Ahmed, among others, at a discussion on 'Attack on Mirza Fakhrul Islam Alamgir and Amir Khasru Mahmud Chowdhury and Future of Clean Politics of Bangladesh' organised by Swadhinata Forum at the Jatiya Press Club on Friday.


.

Entertainment »

Alia is Raazi for Meghna Gulzar`s next


Alia Bhatt is all set to feature in Meghna Gulzar’s next, Raazi. The actress would be seen playing a Kashmiri girl marries to a Pakistani army officer in the espionage thriller. Raazi portrays the story of a Kashmiri girl married to a Pakistani army officer who would provide Indian intelligence ...

International »

Senate Republicans unveil Obamacare replacement bill after months of closed-door crafting


Reuters, Washington :U.S. Senate Republicans on Thursday unveiled their version of legislation that would replace Obamacare, proposing to kill a tax on the wealthy that pays for it and reduce aid to the poor to cut costs.With Democrats deeply opposed to Republican attempts to overhaul former President Barack Obama's signature ...

Editorial »

Mayors must do more to contain chikungunya in city


THE outbreak of mosquito borne diseases like a new type of fever called chikungunya, in addition to dengue fever in the city and elsewhere is causing additional concern to city dwellers and public health authorities how to protect people from this danger. People in most families in the city are ...

Back Page »

Zum'atul Wida


Abdul Muqit Chowdhury :The last Friday of the Holy Ramzan is called 'Zum'atul Wida'. It means 'departing Zum'a'. The musallies with due religious fervour join the Zum'a congregation and bid farewell to this month of patience and self-restraint. Al-Quran imposes obligation of the Friday prayer in the followingverses : "O ...

Cricket »

Malinga in hot water over 'monkey' comment


AFP, Colombo :Sri Lanka fast bowler Lasith Malinga faced an investigation Thursday after he compared a government minister to a monkey following criticism that the country's cricketers were too fat.Sports minister Dayasiri Jayasekera said he ordered an inquiry after Malinga lambasted him for questioning the endurance of Sri Lankan players ...

Entertainment »

Harry and Sejal grooving on Radha


Jab Harry met Sejal’s first song Radha is out and it’s as refreshing as it can get. The song features Shah Rukh Khan and Anushka Sharma dancing to the tunes of Sukhwinder Singh and Sunidhi Chauhan on the streets. The peppy number with its foot tapping music and catchy lyrics ...

Entertainment »

Samia Rahman’s Eid reality show Rupantor


Entertainment Report :A reality show will be telecasted in five days of Eid holidays and its result will be announced during this time. This short-term reality show Rupantor is planned by Samia Rahman. She will moderate the show. She will select 30 university females among hundred students. Produced by Samia ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news