learned single Judge
refusing to eschew the evidence of cross examination of DW1 by the 9th
defendant in the suit.
2. The original plaintiff filed ... therefore the cross examination of
DW1 by the 9th defendant should be eschewed. They argue that the 9th
defendant is aligning with the plaintiff
cross examination by defendant Nos.1 to 3 since long
time, eschewed her evidence i.e., her chief examination affidavit
recorded on 05.12.2012 along with ... have closed the opportunity
to lead the additional evidence, but it cannot eschew the
evidence earlier recorded, since it is nothing to do with
cross examination by defendant Nos.1 to 3 since long
time, eschewed her evidence i.e., her chief examination affidavit
recorded on 05.12.2012 along with ... have closed the opportunity
to lead the additional evidence, but it cannot eschew the
evidence earlier recorded, since it is nothing to do with
coherent. On recording the memo, her
examination-in-chief was eschewed, subsequently this petition was filed to
examine her second son. The petition was opposed ... appreciate that the plaintiff filed a memo and got her evidence
eschewed and further that without setting aside the order eschewing her
evidence
order passed
by the Court below dismissing the petition filed to eschew the xerox copy of
the death certificate and legal heir certificate ... fifth defendant in the
suit filed the instant application seeking to eschew the death certificate and
legal heirs certificate of K.Ramayee which were marked
Judge, Namakkal, wherein the petitioner herein has filed a
petition to eschew the evidence recorded in the Suit as PW1 and the same
was dismissed ... that the evidence
already adduced in the part-heard suit cannot be eschewed. The above
observation of the trial Court is liable
Judge, Namakkal, wherein the petitioner herein has filed a
petition to eschew the evidence recorded in the Suit as PW1 and the same
was dismissed ... that the evidence
already adduced in the part-heard suit cannot be eschewed. The above
observation of the trial Court is liable
application in
I.A.No.2 of 2022 seeking to eschew the same. The ground for
rejection/eschewing the evidence is that the plaintiff ... carried out, the evidence of
G.K.Mohamed Sahil deserves to be eschewed.
7. Taking up the first argument on Order XVIII Rule
adduce the evidence of P.Ws-2 & 3,
which was eschewed on 06.02.2019.
2. The respondent plaintiff filed a suit ... produced before the Court for cross-examination. Therefore, the
learned trial Judge, eschewed the evidence of plaintiff on
06.02.2019. The respondent/ plaintiff filed the subject
witness to the accident, was eschewed as the claimants failed to
produce PW-2 for further cross-examination.
4. Both the Interlocutory Applications were allowed ... Tribunal observing that
since the evidence of PW-2 was eschewed, it is necessary to
permit the claimants to adduce further evidence, which does