I filed a case against my brother for selling my family joint properties without any authorization (GPA) and without any intimation to me. The property is in the name of my brother, my sister, myself and my mother which was made by my late father. Brother received what ever the registration value in his name by cheque and deposited in the bank. The signatories were brother, sister and mother while I was away with my husband and children. Husband was a bank employee. FIR was filed by police when i filed a complaint as recommended by ACP then. A false statement was taken by police from my sister and mother that I had given GPA and money was paid to me without any proof and no statement was taken from my brother who was main accused. Police without any answer to my question about GPA and money paid proof, sent my file to court (they were fed enough money by my brother for this). The Court gave judgement after 3 years not ordering for reinvestigation also (without even calling my sister, mother and brother to the court to depose their statement given to Police) and dismissed the case. No opportunity for cross exam was given to my advocate. However I have filed for partition and prayed for reinvestigation.
Kindly advise whether a Court can give such judgement without calling the signatories to the court to depose in front of the Court and without any cross examination. The case is still going on in higher court.
1 Answer from Attorneys
The court has to record the statement of all the parties and the witnesses. The signatories may not be able to avoid the legal process of examination in chief and cross examination.