srini vasan 20 March 2020

plantiff absent cross examination evidence

My civil case is of type 7R14(2).
currently it is in evidence state. As a defandant I have marked and exhibited my documents and it has been cross verified by plaintiff. In this month hearing the plaintiff is supposed to show his documents and he is absent. Judge has set a date in next month. If the plantiff is absent next hearing My lawyer is saying I will get judgement on that date itself.Will I get the judgement on the same day ?

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Quick Summary

In a civil case, if the plaintiff is absent for their cross-examination, the court typically won't deliver a judgment on the same day. The process involves further opportunities for the plaintiff, closing of evidence, hearing arguments from both sides, and then scheduling a date for the judgment. This can take several months, and your lawyer's advice that judgment will be immediate might be inaccurate.

4 Replies

Dr J C Vashista (Advocate) 21 March 2020

The court shall complete procedure before pronouncement of judgment.

Your lawyer is incorrect, if your statement is true and may be believed.

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T. Kalaiselvan, Advocate (Advocate) 22 March 2020

It will not be possible for the court to pronounce judgment on that date itself.

The process is lengthy.

The court may even give another last opportunity to the plaintiff.

After that the court may close the evidence and post the matter for arguments.

Then the court will hear arguments of both the sides.

The court after hearing arguments of both the sides may post the matter for judgement to another date.

Thus it may take at least another 6 months from that date, hence you may decide what is to be done instead of blindly going by the words of your advocate which appears to be a misguidance