Provision on filing written statement

As per the provisions of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), the defendant is obligated to present a written statement of his defence within 30 days from the date of service of summons. The proviso to the rule enables the Court to extend the period for filing the written statement up to 90 days for sufficient reasons that should be recorded.

That means ordinarily the defendant is required to file the written statement of his defence within a period of 30 days. However, for sufficient reasons that should be recorded in writing, the court can allow filing of the written statement within a maximum period of 90 days.

What the term issue means

The term “issue” in a civil case means a disputed question relating to rival contentions in a suit. It is the focal point of disagreement, argument or decision. It is the point on which a case itself is decided in favour of one side or the other, by the court.

The court cannot frame any issues in a court case when no dispute exists between the parties.

For example, a plaintiff says the defendant borrowed Rs 10 lakh from him. The defendant denies it. It is an affirmation by one party and denial by the other. Then there arises a distinct dispute and that dispute is termed an “issue”. The court can then frame issues based on the facts of the case and proceed with it.

What the cross examination is

Cross examination is the examination of a witness in a legal proceeding by the adverse party.

It takes place after examination-in-chief: the examination of a witness by the party who calls him. Cross examination is followed by re-examination: the examination of the witness subsequent to the cross examination by the party who called him. The section 137 of the Indian Evidence Act, 1872 (IEA) defines these terms.

The Chapter X (Section 135 to 166) of the IEA deals with legal provisions relating to examination of witnesses. But the examination of witness is much more than what the law speaks of, in terms of skills needed, quality ensured and the outcome it brings out in the process. This write up is exclusively on cross examination.

Don’t confuse cross examination with a deposition of witness. Deposition is to find out information but cross examination is to ascertain the truth of the facts in question.

The advocate’s profession is an esteemed one which seeks to promote dispensation of justice. An advocate in India has to submit to some written and unwritten code of conduct and ethical regulations so long as he remains in his profession.

Introduction

Wrongful prosecution of innocent persons including prolonged incarceration of them has become quite a common practice nowadays. In general, the term wrongful prosecution includes every act intended to commit a person to confinement or trial contrary to what the law prescribes.