Remedy for marking, examination in chief, cross examination - nil
CRVGupta
(Querist) 19 September 2015
This query is : Resolved
Dear Sir/s
In a case of temporary injunction, passed till the disposal of the case. The defendant lawyer was not present in the at the time of Marking of Documents, Examination in Chief, Cross Examination is taken as NIL. what are the implications in the defendants case - to proceed with the case, Can defendant file a memo for fresh proceedings, Marking of Documents; Examination in Chief; Cross Examination. What is the procedure to be follow; format of memo/appeal will be much help.
With warm regards
C R V Gupta
R.K Nanda
(Expert) 19 September 2015
if evidence of defendant is closed by court then he has to file application in court to allow him to adduce his evidence .
Rajendra K Goyal
(Expert) 20 September 2015
Fresh proceedings can not be started without orders from competent court once evidence closed / ex-party proceedings ordered.
Dr J C Vashista
(Expert) 21 September 2015
You have mixed up number of queries in one go.
What is the relevancy of "temporary injunction" at evidence stage?
Who can cross-examine the plaintiff witness when no one (counsel or defendant) is not appearing?
Whether the defendant has been declared as "ex-parte"?
What do you mean by filing "memo of fresh proceeding" by defendant?
Consult a local senior lawyer for proper guidance and proceeding.
