Plaintiff not coming to court

rajan chopra (Querist) 24 July 2016 This query is : Resolved
Sir I am defendant in a suit for recovery and in March 2013 the plaintiff closed his evidence and since then he is not coming to court though his counsel is attending the court and the case is at the stage of arguments.Now can we pray court to direct the Plaintiff to appear in person in court as per law or not ?

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Advocate Bhartesh goyal (Expert) 24 July 2016
No,plaintiff's presence is not necessary now for decision of suit.

R.K Nanda (Expert) 24 July 2016
U can't force plaintiff to come to court.

Rajendra K Goyal (Expert) 24 July 2016
Plaintiff presence is not mandatory.

Guest (Expert) 24 July 2016
Mr Rajan Chopra,

Even if on your prayer the court directs the Plaintiff to appear in person and he appears in person in court, what specific gain you can expect for yourself, when you say that the plaintiff closed his evidence?

SUPER SPECIALTY SERVICES FOUNDATION (INDIA)

rajan chopra (Querist) 24 July 2016
Sir as we have filed an application u/o 18 rule 17 CPC for recalling the plaintiff to further cross examine him on his previous statements in order to contradict him as per sec 145 of Indian Evidence Act and which is now under reply from plaintiff and in this context if the application is dismissed then we may pray the court to direct the personal appearance of plaintiff for drawing his attention to his previous statements in court and ask him to varify them.

P. Venu (Expert) 25 July 2016
The above explanation only confuses the things.

Guest (Expert) 25 July 2016
So, you feel when written application when your verbal prayer would work, is it?

By the way, what is the opinion of your own lawyer?

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