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Plaintiff not attending the court to record the statement

Guest (Querist) 14 November 2017 This query is : Resolved 
Dear experts,
My brother filed a partition suit in A.P against me, now he is in USA and not attending to the court to record the plaintiff evidence,so is the court close the case, how to continue the case? what steps i need to take? as a defendant, in the written statement we are also asked for counter claim, now i want to continue the case and get the property divided, please suggest me for the next steps to continue the case..

Thanks in advance..
Narayana.
Ms.Usha Kapoor (Expert) 15 November 2017
Court will issue summons to your brother or N0N bailable Arrest warrant through Indian consulate office in which case he would be bound to attend; and proceed with further proceedings of partition suit. He would go by his lawyer's advice. If his presence is required the lawyer would call him to India and attend court proceedings..
Ms.Usha Kapoor (Expert) 15 November 2017
If yu appreciate my above answer please give me likes.
Ms.Usha Kapoor (Expert) 15 November 2017
If you appreciate my above answer please give me likes.
Rajendra K Goyal (Expert) 15 November 2017
Case was filed by your brother, if he does not attend the case self or through his lawyer, court is justified in dismissing the suit in default.

If you have any claim, file suit after discussion with your lawyer.
P. Venu (Expert) 15 November 2017
It is for the plaintiff to lead his evidence; else the suit could be dismissed.
Kumar Doab (Expert) 16 November 2017
You can benefit from the above advises.


Your own lawyer shall handle the matter.



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