Adverse Party

Adverse party, the term 'adverse party' connotes that party which has a right and opportunity to cross-examine in the first proceeding. This proviso, therefore, obviously protects the rights of the adverse party in the first proceeding and not the party who produced the witness. The party against whom the witness is produced in the previous proceeding is the adverse party and not the person who produced the witness and had the advantage of having examined the witness, V.M. Mathew v. V.S. Sharma, (1995) 6 SCC 122 (125). [Evidence Act, 1872, s. 33, second proviso]