Reliance on Discharged Defendant's WS
S.Abhisheik
(Querist) 27 May 2011
This query is : Resolved
Respected Experts,
My suit for Permanent Injunction was dismissed relying on statement of a discharged defendant.
I filed a suit against A & B.
(A) submitted his WS disputing my title and later on filed an affidavit that he has no interest in suit property.
He was discharged on the basis of this affidavit.
HIs wife(B) never filed any written statement or evidence.
Yet court dismissed my suit relying on the basis of A's WS who was discharged, saying that I was unable to prove my title.
Can a Judge rely on WS of a discharged defendant? Please explain. Is it not unfair.
B never appeared and was proceeded ex-parte, however judge decided against me relying on WS of A.
Also suggest a good property lawyer for tis hazari court.
Thanks
Devajyoti Barman
(Expert) 27 May 2011
The judgement of the court seems to suffer from illegality.
The burden of proof remains upon the plaintiff which goes to the court to exert his right or status.
The plaintiff or the court can not take weakness of the defence case but it is the plaintiff who needs to prove his own case.
So prefer an appeal, the judgement would be set aside.
