Srinivas (Director) 22 June 2011

Witness not appearing for X-Exam

Dear Gurus,

Please list options available in the following situation.

1) Plaintiff litigant files a frivolous suit. Suit in trial.

2) Plaintiff submitted Chief Affidavit and was partially cross examined. Cross exam was adjourned since Plaintiff advocate raised objections to all questions. Judge said she will review the pleadings on both sides to see determine relevancy of questions.

3) Plaintiff advocate delayed matter on grounds of seeking transfer for one year. Since there was no merits to transfer it was denied but plaintiff is not appearing for x-exam inspite of several notices.

4) Judge has closed plaintiff evidence.

Questions:

1) Is non appearance for x-exam a criminal offence? is this punishable?

2) Plaintiff has perjured in the plaint. How to expose the perjury if plaintiff is not available for x-exam?

3) How to make sure suit is not dismissed for default?

4) How can one file a frivolous suit and cause 3 years of pain and suffering to others and just walk away? What is the remedy?

thanks,

Srinivas

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2 Replies

vishal (proprietor) 22 June 2011

onec Plaintiff submitted his examination in chief on affidavit (evidence affidavit) court can not dismissed the suit but court can close the rigfht of the Plaintiff's cross examination.

Ans of Point No. 1

non appearance for x-exam is not criminal offence

Ans of Point No. 2.

you can expose his lies during the trial and at time of final hearing of case.

Ans of Point No. 3

once the Plaintiff filrs his examination in chief on affidavit (evidence affidavit), court can not dismissed the suit, the court can discard the evidence of Plaintiff.

Ans of Point No. 4

You can ask damages from the court.

Srinivas (Director) 22 June 2011

Vishal,

Great answers. Brief and to the point. Thanks a lot & Best Wishes.

1) If plaintiff looses right to cross examine, does this mean admittance to defendants Written Statement? What still needs to be proved?

2) Defendant has denied certain "blatent" plaint averments. How to prove if plainitff is unavailable for x-exam? We can bring this up in hearings but it will go noted as unproved.

3) When is it right time to move an application for perjury?

4) Which section of CPC deals with this type of situation?

regards,