Non Appearance by Plaintiff's Witnesses
x
(Querist) 27 September 2010
This query is : Resolved
I need your advice in the following situation:
Two witnesses who had signed a document as marginal witnesses have submitted affidavits in the court three years ago. The never appear for a cross examination. For the last 6-7 dates the Zimni orders reads
"PW2 not appeared. Appeal for Adjournment. Heard. Granted in the interest of Justice. This will be the last opportunity for the Witnesses to Appear."
Please advise me as to what one should do in the above circumstances.
Adv Archana Deshmukh
(Expert) 28 September 2010
As it is the last opportunity given, make sure that the witness remains present in the court on the next date for cross examination.
Kiran Kumar
(Expert) 28 September 2010
its strange that the civil court is not closing their evidence in this matter.
now as Archana Ji said make sure the witnesses remain present on the next date of hearing for cross examination...you are not bound to bring them for cross examination....but in case the witnesses fail to come again then you move an application for closing the evidence of plaintiff due to non appearance of witnesses...in case your application is declined you will have opportunity to approach High Court by way of Civil Revision Petition....the HC may make the case time bound and may order that unnecessary adjournments shall not be granted.
Kirti Kar Tripathi
(Expert) 28 September 2010
In the present case, the court has already ordered for last opportunity. in case any application for adornment is made before the court, in view of substantial justice is duty bound to give sufficient opportunity to the parties. on the next date, in case the wetness not appears, you can press for closing of his evidence.
s.subramanian
(Expert) 28 September 2010
If the court does not close the evidence and adjourns the mater again despite your objections,you approach the High Court under Art.226 and seek early disposal of the matter.
Daksh
(Expert) 28 September 2010
I concur with the view point of Mr.Kiran in totality.
Best Regards
Daksh
Raj Kumar Makkad
(Expert) 28 September 2010
I respectfully put other view. All the experts have put their views as if the queariest is the defendant but he has not mentioned as such. How should be presume that he is defendant and not plaintiff? In my view, he is plaintiff and is suffering from another problem. His two witnesses are not coming for their cross-examination despite of his efforts.
In such situation, move an application before the court, deposit their DM & PF and summon them as per court notice. On their failure to appear, you shall have no other opportunity/option but to close your evidence and their evidence in cheif shall also not be considered while appreciating the evidence this way or that way.
x
(Querist) 29 September 2010
Thank you all for your advice. I apologise for neglecting to inform you that I am a defendant.
The affidavits that were submitted by the plaintiff's witnesses contain some useful points that can be utilised by us. If the evidence is closed can we still argue based on the witnesses' affidavits.
