Partition decree
prakash
(Querist) 03 June 2013
This query is : Resolved
Dear sir
my father had filed a partition decree suit,last month their was a evidence in court in which my has to attend the court,my father is undergoing Dialysis two times a weak,he has no strength to stand or to travel to long,the court is just 14 km from my town,the opposite people means his brother has not defended this partition suit nor he kept any lawyers agnist my father so far its already its 10th months,so kindly advise me.my lawyer is saying that we shall appoint commissioner,i also agreed for that.but the opposite people so for not appointed any lawyers.kindly do the needfull.
regards
prakash.rr
Raj Kumar Makkad
(Expert) 03 June 2013
If the opposite party has not appointed his lawyer even then the procedure of the court proceeding shall remain same. The evidence of your father is required to be recorded by a commission in the given situation wherein the opposite party has also a right to cross-examine.