Information required on a civil suit
MSC Shekar
(Querist) 03 August 2012
This query is : Resolved
A Specific Relief suit containing the Plaintiff a Private party and two governemnt Departments as Defendants. In this suit Defendant 1 set exparte as he failed to file Written Statement. Defendant 2 has filed written statement and is not coming for Cross Examination of the Plaintiff.
what will be the fate of this suit?
Thanks in advance
Advocate Bhartesh goyal
(Expert) 03 August 2012
If your pleading and evidence proves your case then your suit may be decreed.
ajay sethi
(Expert) 03 August 2012
if plaintiff is not cross examined by defedant inspite of innumerable dates then court will record that defendant has failed to corss examine the plaintiff .
evidence will go on record .
venkatesh Rao
(Expert) 03 August 2012
The court will take it as "plaintiff/witness though present, not cross examined" and post it for defedent's evidence. If the defendent still remains absent court will take the evidence as closed, hear the plaintiff and pass suitable judgment. Pl. note, just because the defendent failed to cross examine or defendent produced no evidence, it cannot be taken for granted that the suit will be decreed. It depends on the merits of the case.
JANAK RAJ VATSA
(Expert) 04 August 2012
in the absence of the defendents despite several dates by the court and their failure either to cross examine the plaintiff or produce their own evidence will definitely be taken note of by the court and the case will be decided on merits.
