Legalites of countering written statement with objection

Stephen (Querist) 07 November 2017 This query is : Resolved
Dear Respected Lawyers,

I am seeking your legal advice on the following issue.

Background of OS case.
I am standing as POA on behalf of my friend who was cheated of property. After over a year the case had on back and forth from summons, Plaintiff evidence, order and Defendant evidence etc.
Unfortunately in many of the hearing the defendants hasn’t appeared except once to file Written Statement when they did not come forward to cross question my (POA-Plaintiff). On one incidence court had put a fine and that too they did pay. However in last 2 hearing when the court had put for defendant evidence at that time they paid the previously charged fine to me (POA-Plaintiff), but in the latest hearing though they were suppose to produce evidence in claim of Written statement and now they have move the case to Re-Open and recalling the earlier order stage.

With the above background, in the next hearing can we post /raise the objection with details requesting the Judge to allow us to cross examine the defendants against all false claims they have made in their written statement along with other evidences we have from Whatsapp, SMS cross discussion between defendant and plaintiff… wherein the defendant have indirectly admitted his wrong doing of double sale of plot and that he will buyback the property or give his father-in-law property if we take back the FIR complaint.

Appreciate your valuable and detail suggestions.

Thanks & Regards
Stephen

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Ms.Usha Kapoor (Expert) 08 November 2017
If you raise your contensions along with strong proofs such as SMESes and Whats Application conversations etc by showing the title deeds in the name of all 3 brothers trial would proceed smoothlyt and you can request the court to let you cross examine your brother who is falsely claiming title to the suit prioperty in question. It appersars to me that yu have a very strong case against your brothrer to prove your tite abnd once you'd prove title possession woud follow.yOU PUT ALL THIS CONTENTIONS IN YOUR WRTTEN STATEMENT.

Stephen (Querist) 08 November 2017
Dear Madam,

Appreciate your response with positive points.. However while reclarifying I am seeking bit more detail clarity / legal points to cover in objection. I.e When we file objection to defendents request to re-open and move the state of hearing back to they cross examining me/POA of plaintiff, can we counter stating their wrong/false claims they have made in their written statement against my OS by including other evidence we have with respect to whatsapp and SMS message and that judge should grant us to cross examin the defendants instead of they doing to us.

Awaiting to hear another valuable suggestion and advice.

Thanks & Regards
Stephen

Ms.Usha Kapoor (Expert) 08 November 2017
Yes! The Judge/court may concede your request to cross examine the defendants first if you convince them that you'd be more at a loss than the defendants if the defendants who filed a last minute written statement and their admissions about their culpability in the subject matter of the suit through unfair and illegal means . If your lawyer argues your case on merits you are bound to win. Contact a good lawyer in civil or property law ,You can cross examine defendants on Whats application conversations and SMES and title Deeds of the subject property any other evidence which is in your possession and their admissions etc to pray the judge to allow your petition to cross examine the defendants first in stead of they doing cross examine you.

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Stephen (Querist) 08 November 2017
Dear Madam,

Appreciate your forthright advice and thank you so much.

One last clarification... hope the pointer you have given we can mention all valid proof points while we raising objection document towards and against defendants moving the case to re-open state.

Regards
Stephen