Defendant Can Cross-Examine Plaintiff Even If Suit Is Proceeding Ex-Parte Against Him & Written Statement Isn't Filed : Supreme Court

The Supreme Court of India ruled that a defendant can cross-examine the plaintiff even if the suit is proceeding ex-parte against him and a written statement has not been filed. The court held that the right to cross-examine is a fundamental aspect of a fair trial and that denying this right would be unjust. The ruling emphasized that the absence of a written statement should not deprive the defendant of the opportunity to challenge the plaintiff’s evidence through cross-examination. This decision underscores the importance of ensuring a fair trial and protecting the rights of defendants, even in ex-parte proceedings.