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2008 (2) TMI 966

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..... a suit in O.S. No. 7 of 2006 before the Sub Court, Sankari, against the first respondent herein and one Jayalakshmi for declaration that he is the absolute owner of the first item of the suit property and for permanent injunction restraining them from interfering or disturbing his peaceful possession and enjoyment of the first item of the suit property and to pass a preliminary decree by directing the defendants to divide the second item of the suit property and the family debts into six equal shares and allot four such shares of landed property and family debts to the plaintiff and to direct the defendants to pay the family debts as according to their 2/6th share and for other incidental reliefs. Likewise, the first respondent and the sai .....

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..... e first respondent herein and one Jayalakshmi for the reliefs set out earlier. The said Saraswathi and Jayalakshmi have filed a suit in O.S. No. 4 of 2005 for the reliefs set out earlier. In the written statement, the petitioner herein being the fourth defendant in O.S. No. 4 of 2005, sides the case of P.W.1, the plaintiff in O.S. No. 7 of 2006. Nothing adverse has been stated by her in her written statement against P.W.1. If it is so, the question of cross examination of P.W.1 at the instance of the fourth defendant, the petitioner herein does not arise in any manner. This view has been taken in a decision reported in AIR1981Guj190 - Hussens Hasanali v. Sabbirbhai Hasanali. Para 7 of the said judgment can be usefully extracted here under: .....

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..... ommon and that there is no conflicting interest, the question of permitting the petitioner herein to cross examine P.W.1 does not arise in any manner. 9. Sections 137 and 138 of Indian Evidence Act, 1872 read as follows: 137 . Examination in chief:- The examination of a witness by the party who calls him shall be called his examination in chief. Cross Examination:- The examination of a witness by the adverse party shall be called his cross examination. Re-Examination:- The examination of a witness, subsequent to the cross examination by the party who called him, shall be called his re-examination. Order of examination: 138 . Witness shall be first examined in chief, then (if the adverse party so desires) cross examined, .....

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