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Prasanna Bhat   02 June 2024

Dismissal of suit.

After recording evidence, for not advancing final arguments can a suit be dismissed for default?

Whether any citations available on this point?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     02 June 2024

After the evidences have been recorded by court then it is not very essential that the final arguments  are to be heard especially if the parties to the suit are not making any attempt to present their arguments despite given lot of opportunities.

The court will pass the decree on merits ignoring the requirement of argument due to unjustified inordinate delay without any valid reason.

It cannot dismiss the case for default for this reason

Prasanna Bhat   03 June 2024

Thank you Sir.


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