Early statement

inderjeet (Querist) 26 January 2017 This query is : Resolved
I filed case against some high persons due to which I am forced to withdraw the case and also receive threaten calls. My advocate has left my case due to forced by the defendants. The defendants have not also submitted any reply. My query is that can I request the court for some early statement or witness of one defendant.

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Guest (Expert) 26 January 2017
On Next Hearing date you could enter the Witness Box in Person and Politely and Precisely Explain the Judge the Situation and Seek Police Protection and to Change the Advocate Or to conduct the Case your self.

inderjeet (Querist) 26 January 2017
Defendant have not submitted any reply to my petition. Can I pray the court that one of defendant in the case be called for early witness by way of summoning. Is there any such law. Please help me.

Guest (Expert) 26 January 2017
Instead of that you could Plead for Ex Parte Orders at the earliest.You need not worry whether they file it or not.

Ms.Usha Kapoor (Expert) 27 January 2017
Agree with RaJ kumar alias narsimha.

Rajendra K Goyal (Expert) 27 January 2017
What type of case is?

You can change your Advocate.

If possible record threatening.

inderjeet (Querist) 27 January 2017
In fact the defendants want to go for ex-parte of their one defendant as he is head of dera/society due to fear of publicity as he is also made party in the case. Although I have also take advice of some advocates who told that preponed statement/witness cannot be taken. Dear Experts some advocates have created doubt in my mind that defendant cannot be called for witness as he is party in the case. Kindly advice that it is very importance to call one of defendant as witness in my case as he can only bring the actual facts. Can defendant as party in case be called for witness whereas I am plaintiff in the case.

Guest (Expert) 27 January 2017
Defendant Need not be Called as Witness but every thing could be Done while Crossing Him by your Advocate.All the Facts mentioned by you could be brought out from him while Crossing and update your Advocate about every thing which has to be Questioned while Crossing.Your Advocate is Right.

inderjeet (Querist) 28 January 2017
As one of defendant is high person will never come to court nor defendant will put him as witness hence can I being plaintifff call defendant as witness.

inderjeet (Querist) 29 January 2017
Please reply if defendant in case be called for witness

J K Agrawal (Expert) 31 January 2017
A defendant can not be a witness of you because if you call him he will not depose in your favor. Further you can not cross examin him if he appears as your witness.

The proper way in such a situation is to raise query. You put all possible questions in query. He is bound to reply in writing. If the defendant do not reply query, the Court can take adverse presumption against him.

In civil cases it is not necessary to parties to appear himself in Court so do not be panic much that he should come in Court.

inderjeet (Querist) 09 February 2017
Can defendant be summoned as witness

Early statement

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