SOMAGUTTA ERAPA REDDY DIED Vs. PALAPANDLA CHINNA GANGAPPA

JUDGEMENT

(1.) Cross-examination is a powerful weapon in the hands of adversary. Non-grant of an opportunity to cross-examine a witness may even attract the doctrine of fairness and may be held to be violative of principles of natural justice. (See: Full Bench decision of this Court in K. Raghuram Babu v. DG of Railway Protection Force, New Delhi, 2001 (6) ALD 18).

(2.) Whether the said principle has any exception is the question involved in this reference made to this Bench by a learned single Judge of this Court.

(3.) The civil revision petition is directed against the order passed by the Principal Junior Civil Judge, Kadiri in OS No. 132 of 1999 whereby the evidence of PW1, who was examined in chief but was not cross-examined owing to his death, had been ordered to be eschewed from record relying on a decision of Division Bench of this Court in A.P. Tobacco Growers Co-op. Union Ltd. v, Sri Anjaneya Tobacco Co., 1998 (5) ALD 188 = 1998 (5) ALT 331.