Defence struck off
pawan kumar
(Querist) 22 January 2012
This query is : Resolved
IN ONE OF THE CIVIL CASES JUDGE AFTER GIVING LOT MANY OPPORTUNITIES TO DEFENDENT FOR REPLY HAS STRUCK OFF DEFENCE. NOW PL. ADVISE HOW CASE WILL PROCEED.IS THIS BE TREATED AS EX PARTE
Raj Kumar Makkad
(Expert) 22 January 2012
The plaintiff in the given case shall have to bring his evidence and the counsel for the defendant shall have a right to cross-examine the witnesses but he cannot put his own case by doing so. His approach should be to discard the evidence of the plaintiff.
The argument shall follow in which both counsels can take part and the decision shall be pronounced accordingly.
Ex-parte and defence struck off proceeding is different as discussed above.
pawan kumar
(Querist) 22 January 2012
neither lawyer nor defendent is intersted to appear. on many occassions they have not appeared. financial penality imposed for non reply by defendent was also not paid. ihope they will not appear next date.defence struck off means what ever is stated in plaint while filing suit is ok and defendents is nothing to counter that. kindly tell i am correct.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 January 2012
I have counter question. Tomorrow you file a case say against the mayor of a city that you own the entire city. Defense is struck does it mean that you become owner of the city.
Legal property related cases are bottom less pits.
ajay sethi
(Expert) 22 January 2012
agree with makkad . once defence has been struck off plaintiff has to file affidavit of evidence . defendant can cross examine the plaintiff .
no evidence can be led by Defendant
prabhakar singh
(Expert) 22 January 2012
striking defence means the defendant is barred from proving his case but he has right to demolish plaint case.
pawan kumar
(Querist) 23 January 2012
SHRI PRABHAKAR JI I COULD NOT UNDERSTAND HOW DEFENDENT HAS RIGHT TO DEMOLISH PLAINT CASE PL ELABORATE.WITH STRIKING OFF DEFENCE CASE WILL EARLYCONCLDE OR IT WILL TAKE SAME TIME HAD DEFENCE NOT STRUCK OFF.
