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Samir N (General Queries) (Business)     23 December 2017

Issues framed. plaintiff alway absent. dismissal on merit?

This is a civil suit. The Plaintiff had filed a Civil Suit and has stopped appearing.

The Judge has framed issues and assures defendant that she (Judge) will dismiss the suit in the next hearing.

However, defendant wants dismissal on the merit.  What are the defendant's options before the suit is dismissed to get it dismissed on the merits?



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 3 Replies

KISHAN DUTT KALASKAR (Advocate)     23 December 2017

1. Normally it will be dismissed only on merits that too on the available evidence only.

2. You may take benefit of such decree because there is every chance of plaintiff again approaching the Court with a request to reopen the same, if travel Court refuses, the higher court certainly allow it and remand back the matter for evidence of plaintiff.

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Samir N (General Queries) (Business)     23 December 2017

Thank you learned advocates. Though your opinions are contradictory, they are enlightening. 

What impact does the framing of issues have, if any, on the dismissal of the plaint without addressing the merit. If the judge is going to frame issues, does it mean that the Judge will address the merit? If not, why is she framing issues? If an issue is framed that is not in my favor (I mean the framing of the issue itself may indicate adverse impact) can I oppose it? Or does it make sense to oppose it if the plaint is going to be dismissed without addressing merit any way?

Sorry for these questions but I think that dismissal without addressing merit may not be as harmless as it appears to the defendant. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 December 2017

If both the parties appear before the court, the judge will have an easy task. The two lawyers will spoon-feed him and he or she only has to lean back in his/her chair and pronounce the judgment. But if one of the parties is absent, the judge will have to dig deeper into the case to find out whether the absent party has a case at all. Often the judges do not want to do that. They look for an easy way out.


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