Re-Examination Can't Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court

The Delhi High Court has observed that the opportunity of re-examination cannot be used to give a chance to a witness to undo its statement made in cross-examination and fill in the lacunae in evidence.

Justice Amit Bansal was dealing with a suit filed seeking to injunct the defendants, who were occupants, from unlawfully entering any part of the first floor including the balcony of a Shop on the ground floor of the premises.

Issues were framed in the suit on 2nd August, 2019 and a Local Commissioner was appointed to record evidence of the parties.

The Court had noted that in the proceedings before the Local Commissioner on 20th May, 2022, the counsel for the defendant made a request to re-examine a defence witness which was opposed by the counsel appearing on behalf of the plaintiff. Accordingly, the Local Commissioner had referred the matter to the Court for appropriate directions.

It was contended on behalf of the counsel for the defendant that the defendant was entitled to re-examine the witness on account of the answers given by the said witness in the cross-examination.

It was argued that since the witness had replied only in 'yes' or 'no', he was entitled to re-examine the said witness to get a proper explanation from the witness in respect of the questions posed to her.

On the other hand, the counsel for the plaintiff vehemently opposed the said request by submitting that a witness cannot be allowed to be re-examined so as to provide an explanation when the said witness has answered the question in 'yes' or 'no'.

It was submitted that the witness was an educated person and a law graduate and had consciously chosen to give the answers in the aforesaid manner.

The High Court was thus of the view that in the guise of re-examination, the counsel for the defendant could not have asked the witness to give further explanation to the answers given by her.

"There is no ambiguity in the answers given by the witness that requires explanation through re-examination. In the present case, the witness, who is a law graduate, has consciously chosen to give her answers in 'yes' or 'no' without giving any explanation in support thereof," the Court observed.

It added "Needless to state that any interpretation in respect of the answers given by the witness can be addressed by the counsels at the time of making submissions. Re-examination cannot be used to give a chance to the witness to undo the statement of the witness made in cross-examination and fill in the lacunae in evidence."

Thus, the Court was of the view that no case for re-examination was made out. Accordingly, the Court directed that the plaintiff shall pay an additional sum of Rs.75,000 to the Local Commissioner.

With the said observations, the Court placed the matter before the Local Commissioner on the dates fixed.

Case Title: CAPITOL ART HOUSE (P) LTD v. NEHA DATTA

Citation: 2022 LiveLaw (Del) 544 

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