Shiva......... (owner) 02 February 2014
RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 03 February 2014
Dear Shiva,
When your wife is not appearing then you can ask court to proceed ex-parte. but it seems that in your case advocate is appearing on behalf of your wife. You have concluded your evidence and for her evidence she is not turning up then you can request the court to close the evidence of respondent / wife as she is not coming forward for her defense. In that case even the written statement / reply filed by her would not be read. The judge would decide in your favour.
Rajiv Bhasin
BHASIN LEGAL CONSULTANTS
SOLICITORS AND ADVOCATES
www.bhasinlegalconsultants.com
Momin Awais (Advocate) 04 February 2014
Shiva......... (owner) 04 February 2014
T. Kalaiselvan, Advocate (Advocate) 07 February 2014
If judge is satisfied that sufficient chances have been given to her side for defending her, at his discretion, the judge may close the defence evidence and post the case for arguments and orders.
T. Kalaiselvan, Advocate (Advocate) 15 February 2014
To your question: "And her plan is to just appeal it in higher court if judgement comes in my favour, simply to drag the case. So my question is without appearing for evidence and cross examination at lower court, can a respondent go for appeal in higher court."
She can prefer an appeal only after the case has been decided in the lower court, without an apeal will not be maintainable.
vanitha.U.M (ADVOCATE) 27 March 2014
advocate can rise objection with cost proceeding and proceed for judgement