⚖️ Legal Learning – Shri Ganpati Jurists
-Examination-in-Chief by Affidavit – Not Enough Without Cross-Examination
📌 Key Principle:
Examination-in-chief filed by affidavit does not become evidence unless the witness is cross-examined, and if needed, re-examined, or at least given an opportunity for cross-examination.
🔹 Key Points:
1️⃣ Affidavit alone ≠ Evidence.
2️⃣ Cross-examination is essential to validate the examination-in-chief.
3️⃣ If cross-examination is missing, the court may strike out the affidavit.
4️⃣ However, fresh evidence or witnesses may be allowed to exhibit documents, in the interest of justice.
✅ Takeaway:
An affidavit alone won’t serve as evidence unless cross-examined. Fair trial requires full opportunity for both parties.
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