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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

In a recovery suit, Meera Traders' witness has been cross-examined by the defendant on a matter first raised in cross-examination. Meera Traders now wishes to re-examine the witness. Under the Adhiniyam, the re-examination must be directed to:

Re-examination must be directed to the explanation of matters referred to in cross-examination. It is not a free chance to prove fresh facts. New matter can be introduced only with the Court's permission, and then the adverse party may cross-examine on it.

  1. AAny fresh fact the party wishes to prove, without the Court's permission
  2. BOnly the facts stated in examination-in-chief
  3. CThe explanation of matters referred to in cross-examinationCorrect
  4. DMatters on which the adverse party has chosen not to cross-examine

Explanation

Section 143(3) says re-examination is directed to the explanation of matters referred to in cross-examination. Option B is wrong because it is tied to cross-examination, not only to examination-in-chief. New matter needs the Court's permission.

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