Right to lead evidence
T.S. Balasubramanian
(Querist) 04 March 2016
This query is : Resolved
A vacant land property bought by my father was fraudulantly transacted by creating a bogus power and registering the sale after the death of the principal in power. I filed a bare injunction suit in District Munsif Court. The Defendant filed a declaration suit on the same property in the Sub Court. Recently, I got a High Court direction to transfer the injunction suit to the Sub Court and conduct a joint trial. My suit is renumbered and clubbed with the declaration suit and the trial has commenced. The court is asking me to lead. I have the ttile and possession and hold the original documents. A Will on the same property executed in my favour is duly probated by the High Court . As the injunction suit is clubbed with the declaration suit in the Sub Court and not the other way around and also as the outcome on the declaration suit will directly impact my injunction suit, I feel the trial must begin with the declaration suit first and therefore the Plaintiff in this suit has to lead the evidence. I want to know if the court is right in asking me to lead now.
Rajendra K Goyal
(Expert) 09 March 2016
Has your lawyer preyed the court accordingly.
If court has directed you to proceed, either proceed or challenge the decision.
