Rule 2 of CPC : Rule 2: Power to order attendance of deponent for cross-examination.

CPC

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Explanation using Example

Example 1:

Scenario: A property dispute case in a civil court in Mumbai.

Details:

  • Rajesh files a suit against his neighbor, Suresh, claiming that Suresh has encroached on his property.
  • Rajesh submits an affidavit from a surveyor, Mr. Sharma, who states that the boundary lines have indeed been crossed by Suresh.
  • Suresh's lawyer, doubting the credibility of Mr. Sharma's affidavit, requests the court to order Mr. Sharma to attend the court for cross-examination.

Application of Rule 2:

  • The court, considering the request, orders Mr. Sharma to appear in court for cross-examination.
  • During the cross-examination, Suresh's lawyer questions Mr. Sharma about the methods used in the survey and any potential biases.
  • This process helps the court to better assess the reliability of the affidavit submitted by Rajesh.

Example 2:

Scenario: A divorce case in a family court in Delhi.

Details:

  • Priya files for divorce from her husband, Amit, citing mental cruelty.
  • Priya submits a...

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