Cross examination of plaintiff
Querist :
Anonymous
(Querist) 22 November 2025
This query is : Resolved
In a civil case after submitting evidence plaintiff is continuously absent for his cross examination. If Court decides it as nill what is position of defendant. How can we take advantage of it.
T. Kalaiselvan, Advocate
(Expert) 23 November 2025
If the witness (plaintiff or his witness) does not come for cross-examination, the affidavit cannot be treated as evidence.
Courts have repeatedly held that an untested affidavit has no evidentiary value.
Under Order 17 Rule 2 & Rule 3 CPC, as well as Order 18 CPC, the court may record:“Plaintiff’s evidence – Nil”
This means the plaintiff has no admissible evidence, except documents admitted by the defendant.
Once plaintiff evidence is closed as nil, the defendant can produce his own evidence, or even choose not to give evidence (if plaintiff has no evidence to prove his case) and argue the matter.
It is a settled principle that the plaintiff must stand on the strength of his own case, not on the weakness of the defendant’s.
If plaintiff provides zero admissible evidence, the court must dismiss the suit unless the facts are admitted.
Advocate Bhartesh goyal
(Expert) 23 November 2025
In case plaintiff does not appear in court for his cross examination on his affidavit evidence then his evidence will be considered as valueless and unreliable and not admissible also his case will be dismissed on ground of case not proved.
Querist :
Anonymous
(Querist) 24 November 2025
Thank you very much
Dr. J C Vashista
(Expert) 26 November 2025
Very well analysed, opined and advised by learned senior experts, I endorse it.
