Case Law Analysis
|Madhya Pradesh High Court
CPC Order XVII | Non-Willful Counsel Absence Due to Family Accident Violates Right to Cross-Examination: MP HC Gwalior
The Madhya Pradesh High Court has ruled that closing a defendant's right to cross-examine a witness due to counsel's unavoidable absence caused by a family accident violates natural justice and procedural fairness under CPC Order XVII. This sets a critical precedent for trial courts to accommodate genuine personal emergencies without compromising fair trial rights, especially in civil disputes involving property rights.