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2023 (9) TMI 345 - MADRAS HIGH COURTViolation of principles of natural justice - whether a party without any adverse interest be permitted to cross-examine the witness? - suit for partition - HELD THAT:- The defendant may cross-examine the co-defendant or any other witness, who has given evidence against him and a reply on such evidence though there is no joint issue between them. In this case, the third defendant being the co-defendant of the fourth defendant has not given anything against the fourth defendant in her proof affidavit in examination-in-chief. No doubt when there is no clash of interest between the third and fourth defendants and nothing has been said as against the fourth defendant by the third defendant, there cannot be any statutory right of cross-examination of the third defendant by the fourth defendant. As per Section 138 of the Indian Evidence Act, 1872 only an 'adverse party' can cross-examine the other parties. Being co-defendants admittedly the fourth respondent husband is not an 'adverse party' to the third defendant wife. Hence, the impugned order passed by the learned I Additional District Judge (PCR), Thanjavur dated 04.09.2015 is in order and it is not necessary to interfere with the order passed by the learned I Additional District Judge (PCR), Thanjavur. The learned I Additional District Judge (PCR), Thanjavur is directed to dispose of O.S.No.172 of 2010 as expeditiously as possible within a period of three (3) months from the date of receipt of the copy of this order - this Civil Revision Petition stands dismissed.
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