Maintainability of suit
Shrivallabh Choube
(Querist) 08 April 2014
This query is : Resolved
Plaintiff failed to prove his case prima facie. Whether the defendant requires to prove his defense ?
Arvind Singh Chauhan
(Expert) 08 April 2014
If defendant has only denied the contents of plaint he does not require. But if he had put additional plea or counter objection he has to prove his defence.
Dr J C Vashista
(Expert) 08 April 2014
Disproving plaintiff's averments will help the Court in dismissing the suit, therefore, it would be better to prove your defence.
Devajyoti Barman
(Expert) 08 April 2014
Plaint case is to be proved by plaintiff only.
If plaintiff fails to do this then defendant has already an edge on this case. it would be further bolstered if he disproves the plaint case even if prima facie.
T. Kalaiselvan, Advocate
(Expert) 09 April 2014
To prove the cause of action will depend purely on the plaintiff and in the event of the plaintiff is failing to prove the suit which was seen from the cross examination by the defence counsel, it will be defence stand and on the suit being dismissed, the defence case has already succeeded.
Advocate Ravinder
(Expert) 09 April 2014
Order VII Rule of CPC deals with rejection of plaint. When the Plaintiff fails to prove his case prima facie, the defendant shall have right to file an interim application praying the court to reject the plaint. First the I.A. will be heard. Unless the IA is disposed of, the proceedings of the main suit will be stalled.
If the IA of the defendant is allowed, the suit will be rejected or if the I.A. is dismissed, the proceedings of the main suit will continue.
