Oral Evidence

Querist : Anonymous (Querist) 22 February 2010 This query is : Resolved
I received a notice in 2005 from the municipality regarding my compound wall/boundary wall. The said wall is on my land & was constructed in 1973-74. I filed a suit in city civil court. The Municipality did not file any reply. I had pleaded to the court that the Compound wall be declared 30 years old & The notice issued by Municipality was barred by time & bad in law.The matter proceeded without the defendants reply. in support of my claim the 3 plaintiff's gave evidence & they were cross examined by the municipality's lawyer. My Lawyer told me that since the municipality has not filed any reply we need not worry & no other evidence was required. However the Learned judge dismissed our case & mentioned that our contention that the wall was contructed 30 years ago is not proved. Now my lawyer says that the learned judge has erred in his judgement. Is my lkawyer right ?

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B K Raghavendra Rao (Expert) 22 February 2010
Irrespective of the fact that the Municipality did not file its reply, the court would proceed to judge the case on merits based on the documents and evidence. It is not known if the Municipality did effectively countered to establish that you had constructed the wall 30 years back. Before commenting on your lawyer, examination-in-chief and the cross-examination of plaintiffs need to be studied.

Raj Kumar Makkad (Expert) 22 February 2010
There is no straight jacket formula with us to judge the correctness of your lawyer without going in depth the relevant facts, pleading and law on he subject matter. It is true that court has to decide the matter on merits and it is the plaintiff who has to stand at his own legs and he cannot take benefit of this fact that the defendant has not filed any reply.

Non-filing of reply ipso-facto do not constitute that the suit of the plaintiff is liable to be decreed. It requires to be proved by plaintiff himself in which you failed and now you have no remedy except to file an appeal within a period of 30 days.

Khaleel Ahmed Mohammed (Expert) 28 February 2010
All declaratory suits must be proved by the plaintiffs only.It is the civil cordinal principle. The court can not allow your claim without sufficient proof regarding issues framed. Your lawyer erred due to his lack of experience.The Court can not consider your claim on the basis of bald pleadings of the deffendants.You can file the appeal before superior court.Further you can ask the appeallant court to remand the matter to the trial court for fresh disposal.

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