IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4272 of 2011 Chandradeo Yadav & Ors . Versus Sri Amrendra Narayan Singh & O . ----------- 3 17.11.2011 The plaintiffs filed T.S. No.39/91 praying for partition of their share in the suit property with declaration that all the sale deeds executed by Parwati Devi, Sakuntala Devi and Savitri Devi in favour of defendant IIIrd set and the document executed by Parvati Devi in favour of Chandrama Singh are all illegal, forged and ineffective documents. In course of evidence on behalf of defendant 1st set an affidavit of a witness namely Chandeshwari Biswas was filed on 6.8.2010 in which he stated that he recognized Parwati Devi, who was widow of Dhirendra Narayan Singh @ Dhiru Babu. The defendant IIIrd set filed an application on 27.10.2010 praying to reject the affidavit filed on behalf of defendant 1st set on 6.8.2010. The trial court rejected the application stating that the merit of the evidence would be considered at the time of trial. The trial court rightly held that evidence of any witness cannot be rejected outright at the stage of deposition itself. Mr. Ashok Kumar, learned counsel for the petitioner submits that the defendant IIIrd set was denied even an opportunity to cross-examine the witness. It goes without saying that a party in the suit has inherent right to cross-examine a witness produced by the other side. The defendant IIIrd set would be entitled to controvert the stand taken 2 KHAN by the defendant 1st set in their deposition. The petitioner would have a right to cross-examine Chandeshwari Biswas. With the aforesaid observations and directions, this writ petition stands disposed of without prejudice to any party. (S.P.Singh,J)