Supreme Court Rules Defendants Can Cross-Examine Plaintiffs Even in Ex-Parte Proceedings
New Delhi: In a significant ruling, the Supreme Court of India has clarified that a defendant retains the right to cross-examine the plaintiffs witnesses, even if the case is proceeding ex-parte due to the defendant s failure to file a written statement. The bench, comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih, emphasized that this right exists despite the absence of a written defence, allowing the defendant to challenge the plaintiffs claims through cross-examination.
This decision arose from the case titled Ranjit Singh & Anr vs. State of Uttarakhand & Ors., where the court acknowledged an error by the trial court in entertaining the plaintiffs request to strike down the defendant s defence without a hearing. The court reiterated that procedural lapses should not strip a defendant of the opportunity to defend against the plaintiffs allegations.
The Supreme Court s observation highlights the importance of upholding fundamental principles of justice, ensuring that all parties have a fair chance to present their case, regardless of procedural defaults.
Background: The issue originated when the defendant failed to appear in court, leading to an ex-parte order. The defendant claimed confusion over the court schedule, but the trial court rejected this explanation. The Supreme Court, however, ruled that the defendant s right to cross-examine remains intact, providing a crucial precedent for future cases involving procedural complexities.
Impact: This judgment reinforces the need for fair trial practices and prevents misuse of procedural technicalities to disadvantage any party. Legal experts believe this will ensure a more balanced approach in civil litigation, promoting equitable justice.
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