B.AMUDHA Vs. K.RAJENDRAN (DIED)

JUDGEMENT

(1.) The cross examining counsel after a few more questions sat down with a victorious smirk. The other side counsel was alert and with the leave of the court to re-examine his witness, put a question "can you tell the Hon'ble Court as to why you were prosecuted and what was the punishment you received?". The witness explained with a sense of relief "I was charged for a traffic violation and paid a small amount as fine".

(2.) This story highlights the importance of re-examination. If the counsel had failed to elicit this explanation, the judge would have carried an impression that the witness is an ex-convict. Failure to reexamine a witness can sometimes turn out to be fatal. The case on hand is a good illustration.

(3.) This second appeal arises out of a suit for specific performance of the sale agreement dtd. 25/2/2006 entered into between the plaintiff (K.Rajendran) and the first defendant (G.Amsavalli). The appellant purchased the suit property from the first defendant on 28/5/2006 under Ex.B2. While the trial court dismissed the suit, the first appellate court granted the relief of specific performance.