Cross examination of the petitioner
shobha
(Querist) 06 February 2012
This query is : Resolved
Sir,
I have filed a suite for declaration of self acquired property in my native place against my brother who has occupied that property illegally. He is diputing that property as a joint property and asking for share. The case has come to the stage of cross examination after a lapse of 4 and half years from the date of filling. The defendent lawer has taken 3 to 4 hearings for cross examination of me(petitioner). in between he is not attending the court since I am a government official i have to take leave for attending the court. The opposite lawer is just harasing me by just pulling my cross examination. How to avoide unneccesry postponement of the case from our side.Please guide us.
Devajyoti Barman
(Expert) 06 February 2012
If the evidence is adjourned repeatedly on flimsy ground then you can ask for closure of your evidence on the next date.
Even cost of expenses incurred by the witness on account of repeated adjournments could also be prayed for.
M/s. Y-not legal services
(Expert) 07 February 2012
yes.. just press from your side. ask the judge for post the case as "final chance" for cross examination..
-tom-
V R SHROFF
(Expert) 07 February 2012
demand heavy cost as and when Adv remain absent.
Apply for"no cross"& get order
& close your evidence thereafter.
Trey take dates on your holidays, or dates convenient to you
Raj Kumar Makkad
(Expert) 07 February 2012
You are the petitioner so it is in your interest to depose your evidence. You have no other option but to pray the court to direct the other party to cross-examine you otherwise to write in his order sheet that opposite party is not ready to cross-examine you and further proceeding shall take effect accordingly.
shobha
(Querist) 07 February 2012
Is there any provision in law to withdraw the declaratin case filed by me either temporarily or permanently since there is another case for partion of joint family property is going on, so that my sisters who also party for the joint family property can attend the case.
R.RAJENDRAN
(Expert) 07 February 2012
Represent your difficulties to the Judge.
J K Agrawal
(Expert) 07 February 2012
There may be so many reasons but the most common reason is negligency of your advocate.
Change your lawyer or ask him if he want help of one more
M V Gupta
(Expert) 12 February 2012
Any one who has filed a suit can withdraw the same at any time. But once it is withdrawn without reserving right to file a fresh suit, you will lose your rights. In the instant suit you are claiming that the property is ur self acquisition. The other suit is for partition of the family properties. Therefore it is not advisable to withdraw the present suit.
