Affidavit by someone in defendant evidence

 

(Querist)
17 April 2019

Sir I m plaintiff in civil suit. Matter is for defendant evidence but till now defendant not file evidence while someone file affidavit but he is not defendant.
Matter posted for plaintiff (our) say but my advocate not inform me nor takes any objection and honorable court read and record this affidavit

what can I do to oppose this affidavit and for no evidence by defendant.

Pls guide and help


KISHAN DUTT RETD JUDGE (Expert)
18 April 2019

Dear Sir,
It will adversely effect the case of defendant since he is not ready to enter into the witness box. If a party do not want to enter into witness box and not subject himself for cross examination then Court may negatively think about his case and accordingly adverse inference well withdrawn against him.

S. S. Rathi (Querist)
18 April 2019

Thank you sir, pls guide me how I'll oppose affidavit filed by others as already recorded without my knowledge. Defendants prolong the matter till HC, SC as no value of money and wants to harras and lose my hard earn money.

Can I take cross or oppose his affidavit. How convey court to mark no evidence

S. S. Rathi (Querist)
18 April 2019

Thank you sir, pls guide me how I'll oppose affidavit filed by others as already recorded without my knowledge. Defendants prolong the matter till HC, SC as no value of money and wants to harras and lose my hard earn money.

Can I take cross or oppose his affidavit. How convey court to mark no evidence

P. Venu (Expert)
18 April 2019

What is the context in which the affidavit has been filed?

S. S. Rathi (Querist)
18 April 2019

Same as ws

S. S. Rathi (Querist)
18 April 2019

Thank you sir, pls guide me how I'll oppose affidavit filed by others as already recorded without my knowledge. Defendants prolong the matter till HC, SC as no value of money and wants to harras and lose my hard earn money. Can I take cross or oppose his affidavit. How convey court to mark no evidence

C.V.Kansara (Expert)
19 April 2019

Ask your Advocate to refer C.P.C. Order18 Rule 3A and ask court to close the right of the Defendant to give evidence on oath.

S. S. Rathi (Querist)
19 April 2019

Thank you kansara sir, yes its helpful to me, as witness present before defendants



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