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Sushil Kumar Bhatia (Advocate)     09 October 2009

examination-in-chief

In a civil suit the plaintiff is not appearing in examination in chief nor he has filed any affidavit  under or.18 rule 2  and instead of plaintiff the witnesses have filed affidavits  the suit  & documents can be proved without examination of plaintiff.Court can compell defendent to cross examine witnesses only  As the plaintiff does not wants to appear in witness box



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 3 Replies


(Guest)

Please note if the plaintiff is appearing in examination in chief then only he shall be required to file his affidavit of evidence under O.18 Rule.4.

Please refer to Order 18 Rule 3A now one can compell a party to examine himself.  He can examine himself only if he "wishes". As per order 18 Rule 3A Plaintiff can examine witnesses without examining himself. Witnesses can prove documents only in respect of those document which are within the knowledge of the witness. No one including the Court cannot compell the Defendant to Cross examine a witness. The cross examination is a right provided to the Defendant to contravert the evidence of the witness if  the evidence  is against the Defendant. So the Defendant should avail of the opportunity of cross examination in his own interest.

madhur (Junior Advocate)     11 October 2009

when Regulear darkhast is to be file?

how to file a co-operative cas?

Thank you

madhur

 

Adinath@Avinash Patil (advocate)     11 October 2009

Dear Madhur ,

 YOU  OBTAIN DECREE OF CO-OP COURT,THERE  AFTER TAKE A CERTIFICATE SINED BY  THE OFFICIAL ASSIGNEE OR THE REGISTRAR OR CO OP COURT ,BE DEEMED TO BE DECREE OF CIVIL CORT, AND SHALL BE EXECUTED IN THE SAME MANNER AS DECREE OF CIVIL COURT . THEN FILE REGULAR DARKHAST ALONG WITH  ABOVE CERTIFICATE AND DECREE OF CO-OP COURT.

IF YOU ARE IN MAHARASHTRA GO THROUGH SECTION 98 A OF MAH.CO-OP SOCIETIES ACT.


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