LAW FOR ALL

while examining one witness, another witness going to be examined should not be there - is basic law- If a party to a suit intends to examine more witnesses than one, the basic requirement is that when one of the witnesses is being examined, others who are proposed to be examined as witnesses, are not present in the Court. If they are present, they would naturally become alert and fill the lacunae, that may be left in the evidence of the person, who is already examined as a witness. The Law does not permit this. However, exactly the same thing has happened in the instant case. When the cross-examination of D.W.2 was in progress, a person who is proposed to be examined as D.W.3, was present in the Court through out. The trial Court has taken correct view of the matter, when it held that the evidence of D.W.3 cannot be recorded at all and that the affidavit filed by him in lieu of chief-examination is liable to be eschewed from consideration. If at all anything, the trial Court has only enforced a fundamental principle and basic tenet of law of evidence. The petitioner has to blame himself for not ensuring that a witness, who is proposed to be examined by him, is not in the Court, when the other witness is being cross-examined. Hence, the Civil Revision Petition is dismissed. There shall be no order as to costs. The Civil Miscellaneous Petitions filed in this civil revision petition shall also stand disposed of.