Dismissing civil suit

Amit jande (Querist) 14 April 2015 This query is : Resolved
Dear sir,

Plaintiff has instituted civil suit in 1990.

Issues are yet not framed.

Plaintiff has stopped appearing in court and also not given his affidavit. his advocate only appearing for taking next dates.

Under what law this matter can be dismissed.
Plz give cititions, suggest any law point on this.

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R.K Nanda (Expert) 14 April 2015
have u filed ur ws?

Rajendra K Goyal (Expert) 14 April 2015
As his lawyer appearing, plea for ex-party decision not maintainable. Citation not provided in this section.

Amit jande (Querist) 14 April 2015
To r k nanda sir

Yes w.s of all 11 defendants have been filed since 2006.
No affidavte yet filed by plaintiff
Also no steps are taken by plaintiff.
How do I get this suit dismissed.

M/s. Y-not legal services (Expert) 14 April 2015
since, issues not yet framed court can not compel the plaintiff to open his evidence..

you have to wait for framing issues..

R.K Nanda (Expert) 14 April 2015
file application u/s 151 of cpc for dismissal of plaintiff suit for not taking any steps in his case since 9 years.

Devajyoti Barman (Expert) 14 April 2015
tHE PLAINTIFF IS NOT OBLIGATED TO TAKE STEPS IF ISSUES ARE NOT FRAMED. Evidence commences on framing of issue only. It is the fault of the court than the plaintiff.

R.K Nanda (Expert) 14 April 2015
after pleadings are complete plaintiff files list of proposed issues to be framed by court and then court frames issues in case.thus it is clearly the fault of plaintiff and his case need dismissal by court. court is not at fault.

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