Case finilized without procedures ...

Querist : Anonymous (Querist) 18 August 2011 This query is : Resolved
The case is in the stage of Defendents Evidence ...

Does the Court has any powers to pass a Final order in the case in this stage without going through all the procedures of Defendants Evidence and Arguments if it thinks that
The case is bogus and does stand any legal issue or
Due to some statements of the parties or
Due to the reason that the case is in the court for a very long time or
Some other powers conferred to him as per the Law.

Thank You ...

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Devajyoti Barman (Expert) 18 August 2011
Unless the evidence is closed the court has no power to pronounce judgement after hearing the respective arguments of the parties.

Querist : Anonymous (Querist) 18 August 2011
So the procedure has to be taken is -

Defendants Evidence

Arguments and

Order.

and the Court has no other way .

Advocate Rajkumarlaxman (Expert) 18 August 2011
Yes it has to go by that but if it shows that it has gone and passess orders then its only appeal lies for that. you cannot agitate there itself for the reasons stated by you.

Raj Kumar Makkad (Expert) 18 August 2011
Procedural is required to be followed at this fag end of suit.

Querist : Anonymous (Querist) 18 August 2011

Even if the case has reached to the level of Defendants Evidence in the last 15 years.

prabhakar singh (Expert) 19 August 2011
yes !even then,if you are defendant and sure that plaintiff has failed to prove his case,then get your evidence closed by a simple application to that.Then court will list the case for arguments and decide it finally.

Querist : Anonymous (Querist) 19 August 2011
Application under what order of CPC.

Querist : Anonymous (Querist) 19 August 2011

Can a case be finalized without all the above said procedures if there is a specific instruction from a higher court to finalize all the cases as summary which are continuing for more then 10 or 15 years.

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