I filed a private complaint criminal case against X. X obtained stay from High Court by filing a misleading affidavit. My lawyer filed a counter to which X's lawyer hasn't filed a rejoinder. My lawyer is saying that if X's lawyer does not turn up, the stay will get dismissed in default. If, however, the lawyer does turn up for argument, he will ensure heavy cost and/or other action against X for filing misleading affidavit(along with dismissal of stay). Is it true that X can escape heavy cost, simply by not sending lawyer for argument? Can my lawyer do anything to ensure cost is imposed even if X's lawyer does not turn up for arguments in high court?
