Samir N (General Queries) (Business) 23 December 2017

Issues framed. plaintiff alway absent. dismissal on merit?

This is a civil suit. The Plaintiff had filed a Civil Suit and has stopped appearing.

The Judge has framed issues and assures defendant that she (Judge) will dismiss the suit in the next hearing.

However, defendant wants dismissal on the merit. What are the defendant's options before the suit is dismissed to get it dismissed on the merits?

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2 Replies

Vijay Raj Mahajan (Advocate) 23 December 2017

The defendent cannot get dismissal order on merits unless she has counter claim in the same suit. The suit get dismissed on default for non-appearence of the plaintiff without deciding on merits as it is his claim.

(Guest)

The suit cannot be dismissed on merits just because plaintiff has stopped appearing. The suit will be dismissed in default for non- appearance of the Plaintiff. Since issues have already been framed in this case, if a restoration application is filed by the Plaintiff after dismissal and if it is allowed by the Court then the suit will restore to the stage when in was dismissed for non-appearance of the Plaintiff. It cannot be dismissed on merits at this stage unless you have a counter claim in this suit.