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gdk (student)     08 November 2010

respondent evidence

dear all,

in my dvc case and divorce case, more than 2 months over of cross-examination of my side and to other side 4 chances of filing evidence has been given but they are dragging the case and not filing their evidence.

my doubt is how much time judge will give to them for filing evidence.

regards,

needful.



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 November 2010

Take objection on the next date and request the court to close their evidence.

gdk (student)     08 November 2010

but mam, my advocate is saying don't tell anything, if you get close the evidence they will go higher court and will bring back the case and it will take more time.

please suggest.

also mam, when i asked my advocate the same question as to how much time judge will give to other side, he replied harshly that it is judge's wish, he may close in two dates or he may close the evidence after one year. is it so mam.

please suggest.

Adv Archana Deshmukh (Practicing Advocate)     08 November 2010

 I stick to my opinion in the  earlier post, I do not want to make any comments upon your advocates view. And yes, if you do not pray for closing their evidence, it will be the judge's discretion when to close it.

Jamai Of Law (propra)     08 November 2010

@gdk ji,

 

Your observations and apprehensions are absolutely valid.

 

Never try to hurry up especially in the absence of the Petitioner. But keep bringing it on record again and again by filing purshis on every next date at least.

 

Instead of asking to close the evidence directly, first ask the other party (through a prayer to hon Court) to furnish reasons of delay......................even after giving the sufficient time................ Also express formally your inconvenience........................ about the whole prolonging of the suit matter

 

It is not easy to challenge or get it cancelled in upper courts against the  Order to close evidence after giving enough time and adjournments given to other party.  The Petitioner is commiting the latches.

 

But any/other party going to the upper courts is virtually unstoppable........it may get barred by limitation or get dismissed for lack of merits but that decision to take there in upper courts the time consumption is inevitable!!!........its true for you also...if any order/judgement goes against you, aren't you stoppped from going in upper court??? NOOO (unless you make them exausted and you don't get exausted. This is the game...........who blincks first)

 

That's why people suggest to go forMutual Consent.......or parties realise it laterwards that it wasn't worth it...............Contested suits are for better bargain only in matrimonial suits..............But MCD also needs to be drafted carefully so that there won't be any (rather little) room for revision, review or appeals laterwards...

 


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