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Lohith YC   16 March 2023

Evidence for all defendants in civil case

In a OS case, there are 10 defendants. Only defendant no. 5 is following up the case. When case stage reaches defendants evidence -

1. Only D5 evidence is sufficient to take to the next stage ?

2. Will court wait for all Defendants to attend the court ?

3. D5 has any legal way to be performed to represent all defendants ? Is it mandatory ?

4. If other defendants refuse or avoid court for evidence,  How plaintiff lawyer should confirm this to the court?

5. If defendant skips evidence or court, his voice is still considered for partition ?





 1 Replies

T. Kalaiselvan, Advocate (Advocate)     16 March 2023

In a suit if other defendants are absent and not interested or responding to the court procedures, then the court may set them exparte while the only active defendant shall contest the case.

The court will pass judgment on contested basis

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