Raja (None) 04 March 2020

Closing a case without calling material witnesses.

Learned Members
Whether a Plaintiff who has listed material witnesses to support his case can close his case without calling those witnesses for examination.?

This would be prejudicial to the interest of the Defendant

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Quick Summary

This discussion addresses whether a plaintiff can legally close their case without presenting material witnesses they've listed. While it's generally the plaintiff's prerogative to decide which witnesses to call, doing so without justification could be seen as prejudicial. The defendant may have recourse, potentially by filing for compensation or damages if they've suffered losses due to the plaintiff's actions.

4 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 04 March 2020

Dear querist,

It is plaintiff's choice and wish to call wittness to support his case. You cannot compell him to call material wittness to support his case.

Regards,

Raja (None) 04 March 2020

So now what should be done. Its a forgery case and hence the persons who forged documents will surely not come to court

Lord Shashwat 04 March 2020

File an FIR.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 04 March 2020

Originally posted by : Raja
	Whether a Plaintiff who has listed material witnesses to support his case can close his case without calling those witnesses for examination.? This would be prejudicial to the interest of the Defendant

1. It is the Plantiff's case and he is at liberty to withdraw /close his case, with the permission of Court and without any reference to the Defendant.

2. Defendant is at liberty to file for compensation /damages /costs via a separate case on the Plantiff, for the losses /mental /physical trauma that he may have faced due to the Plaintiff's case.

Keep Smiling .... Hemant Agarwal
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