Who will commence the trial?
KmeduVishnu
(Querist) 26 July 2013
This query is : Resolved
Dear Experts,
In a suit on promissory note, the defendant indirectly admitted the execution of promissory note.
Now the suit is posted for Trial.
I have a doubts that who will commence the Trial now, since indirectly the defendant had admitted the execution of promissory note as such the plaintiff is entitled the legal presumption under Sec.118 of NI Act.
So whether the plaintiff or defendant may commence the Trial.
Kindly advise me in this regard....
Thanks and regards.........
ajay sethi
(Expert) 26 July 2013
plaintiff has to lead evidence after issues are framed . you have to prove your case
prabhakar singh
(Expert) 26 July 2013
Is it a SCC suit?
From what you infer "admission by defendant"
Advocate Bhartesh goyal
(Expert) 26 July 2013
Until and unless admission of any fact is clear and unambiguity that fact deemed not admitted so indirect admission does not carry any weightage.plaintiff has to begin the evidence.
Rajendra K Goyal
(Expert) 27 July 2013
plaintiff has to prove his case, indirect admission does not hold good.
Raj Kumar Makkad
(Expert) 27 July 2013
Plaintiff shall have to prove his case on the basis of direct evidence and court shall have to decide it accordingly. Lapses on the part of the defendant shall not help.
Advocate Ravinder
(Expert) 28 August 2013
There is a legal maxim that a person should contest the case basing on his strength and not on the weaknesses of the defendant. The civil case completely depends on the documentary evidence unlike criminal cases. There will be a long procedure. If you are able to cross all these hurdles only, you can win the case.
First of all you should produce documents supporting your case, then you should present your witnesses for their evidence and they should be cross examined by the other side. Then comes the defendants witnesses examination, you should cross examine the defendant witnesses, Then production of citations of High court and supreme court and arguments.
The indirect admission which are referring can also be cross examined and the fact can be substantiated or extracted by your advocate in the cross examination. Thus, your advocate can convert the indirect admission to direct admission with the talent of cross examination.
