HARISH LOYALKA Vs. DILIP NEVATIA

JUDGEMENT

(1.) I am informed that the mater is proceeding before the Commissioner.

(2.) Dr. Saraf, learned Counsel for Defendant No.5, seeks a clarification that it will not be necessary for the Plaintiffs or the 5th Defendant to "put their case" to the 1st Defendant, who is the witness under cross-examination, and, specifically, that should they not do so, so adverse inference should be drawn against them, nor should it be seen as any sort of admission.

(3.) This is a question that arises repeatedly. Almost without exception, in every single trial, attempts are made to put a series of questions to a witness suggesting that every paragraph and every line of his pleading or evidence affidavit is 'false' or 'untrue'. The answer elicited is always a denial. I believe this practice is the result of an apprehension that should such questions not be put to the witness, the party who is cross-examining the witness may be deemed to have accepted the witness's testimony.