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Querist : Anonymous (Querist) 27 February 2011 This query is : Resolved
Dear sir

it is a Dv case

If through reading it comes to know that applicant has herself cleared all her allegation that they are wrong

can respondent lawyer appeal for cross examination or for reading the main application of the applicant?

in such situation can a lawyer demand to dismis the case?from respondent side.

Or case will continue till last. as nothing is there in the main application of the applicant and nothing to clear or for argue.

what respondent lawyer should do in such situation?

kind suggestion
thank you in advance

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Ajay Bansal (Expert) 27 February 2011
The respondent side can raise a plea before evidence to frame a preliminary issue of 'no cause of action is present in case' in such a situation as told by you.After framing of said preliminary issue,the case can be dismissed even without evidence of any party.

Devajyoti Barman (Expert) 27 February 2011
In DV case there is no opportunity for framing any issue let alone preliminary issue.
If the complaint on its bare perusal does not disclose any cause of action then the respondent can try quashing from the High Court.

Dayananda Gowda (Expert) 27 February 2011
Seek quashing before high court

Arvind Singh Chauhan (Expert) 27 February 2011
I go with Barman Sir.

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