Headline
The Supreme Court of India confirms the right of the defendant to cross-examine despite failure to file a written statement.
Summary
The Supreme Court of India stated that a failure of a defendant to submit a written statement does not take away their right to cross-examine the witnesses of the plaintiff. Even if an order of ex-parte is passed, the defendant keeps a limited defense, mainly the ability to challenge the evidence of plaintiff.
Key Facts
- Case Name: Ranjit Singh & Anr vs. State of Uttarakhand & Ors
- Judges Name: Justice Abhay S. Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih
- An order of ex-parte passed against the defendant, who later said that the absence of the presiding officer misled them.
- The plaintiff sought to strike down the defense of the defendant, but the trial court erred in denying the defendant a hearing.
Legal Insights
Even without submitting a written statement, the defendant can cross-examine the witnesses of the plaintiff, safeguarding their capacity to dispute the case.
Impact
This ruling of the Supreme Court shows the importance of permitting defendants to challenge evidence even in the absence of procedural filings.
Why It Matters
It protects the fundamental rights of the defendant to an unbiased hearing and defense, ensuring procedural fairness in civil cases.
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