anon appearance of plaintiff
Mani Narayanaswamy
(Querist) 11 March 2010
This query is : Resolved
In a suit for maintenance, the plaintiff gives evidence in chief examination. Thereafter she fails to appear for cross examination and consequently, the evidence given by her is ordered to be struck off. My query is can the Court proceed with the suit when the plaintiff fails to appear in Court when a date has been fixed for her cross examination. Citations required in this subject
Parveen Kr. Aggarwal
(Expert) 11 March 2010
What is pleaded is to be proved. In order to succeed in getting the relief claimed, the plaintiff has to prove what he has averred in his pleadings. It is of utmost importance that a party to proceedings appear in witness box and depose in support of the case pleaded and on his/her failure, court can draw adverse inference against him/her. In your case, the statement of the plaintiff in evidence shall not be read for want of cross-examination. Still if the plaintiff has proved the averments made in her plaint by way of other evidence, she can succeed and the court can proceed with the suit. But if there is no other evidence on the record then the court may not proceed because the burden of issues is on the plaintiff and if she fails to discharge the burden so placed on her, the defendant is not obliged to give any evidence. So the suit may be dismissed.
Uma parameswaran
(Expert) 11 March 2010
Generally if the plaintiff fails to appear for cross examination after giving sufficient time the concerned Court can close the evidence and turn for next proceedings.In your case I think you can file a petition.
