Law: Evidence Act (I of 1872)

Section: 154

Evidence Act (I of 1872), S. 154-Evidence--Cross-examination of his own witness by party calling him-Circumstances necessary for allowing prayer. In order that a party may be entitled to invoke section 154 of the Evidence Act it is necessary to establish that the witness is guilty of prevarication, or that he is inconsistent in his statement, or tries to suppress the truth or that he bears an animosity towards the party who calls him. In the absence of an allegation of the above nature, a party is not entitled to cross-examine his witness to impeach his credit. Dates of hearing : 16th, 17th and 18th July 1969.   JUDGMENT This Rule is directed against an order dated December 12, 1966, passed by Munsif, 2nd Court, Kishoreganj, granting the prayer for examination of an expert witness. The facts may briefly be stated. The petitioners instituted Title Suit No. 109 of 1957 for a declaration of title to and for khas possession of the suit land on eviction of the defendants therefrom. The case of the plaintiffs-petitioners is that they purchased the suit property from one Girija Kanta Pandit through his constituted attorney by a registered deed of conveyance dated January 7, 1957. Defendant No. 1, opposite-party No. 1 herein, sought to resist the claim of the petitioners on the ground that on June 18, 1952 Girija Kanta Pandit executed a bainapatra a deed of agreement, to sell the suit property to him and after having received a part of the consideration money placed opposite-party No. 1 in possession thereof. The genuineness of the bainapatra was challenged by the petitioners and at their instance it was sent to a Handwriting Expert in the employ of the Government. S. R. Khadim, Hand writing Expert, attached to C. I. D., East Pakistan, examined the balnapatra and submitted a report on October 11, 1958. The report it appears, went against opposite-party No. 1. At the instance of opposite-party No. 1 the bainapatra was sent thereafter to A. N. M. Tabib, a private Handwriting Expert. The report of Tabib also was unfavourable to opposite-party No. 1 S. R. Khadim and A. N. M. Tabib, were examined in Court, on October 24, 1960 at the instance of the petitioners and…