Set a side no cross

S. S. Rathi (Querist) 05 October 2015 This query is : Resolved
Sir
In my WS i was mentioned that suit not maintainable due to no jurisdiction filed in 2012 against me. while Preliminary issues frame as whthr suit maintainable or upto what extent, but no final issues frame yet. Now Honble court pass order as Cross of PW1 is NIL, now posted for evidence of defendant, so what can id do whther request 1) to frame final issues, 2) set a side no cross, 3) file evidence papers or wait...
and if set aside no cross how i can do it, i have prepare questions for cross but my adv also not help me due to suit relating to other side advocates family. I am facing huge difficulty even suit is fake.... Even i file papers in section no received given to me or no help at all due to out of state matter ...
pls guide and help urgently..
Thanks

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T. Kalaiselvan, Advocate Online

(Expert) 11 October 2015
Firstly you should change your advocate if this advocate is not cooperating properly. Next thing, why did your advocate not cross examined the plaintiff when there were sufficient chances given to him to cross examine the plaintiff who deposed evidence as PW1? You should reopen and recall PW1 for cross examination, for this you have to file a petition and affidavit giving convincing reason/explanation about the circumstances that incapacitated you from cross examining him.

Without framing of issues the trial will not begin, if you are filing additional written statement, additional issues may be framed.
You change the advocate and proceed as per the proper procedures.

S. S. Rathi (Querist) 11 October 2015
Thank you very much sir, as suggest by u i was filed petitionas party in person- xviii rule 17, 151 cpc to recall & reopen also mention in affiidavt to frame issue for jurisdicon point