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Is dismissal in default at plaintiff evidence a decree or not ?


06-Jul-2023 (In Civil Law)
The plaintiffs had filed a suit of permanent injunction against us, in the year 2019 when the suit was at the stage of Plaintiff evidence, plaintiffs fail to submit any affidavit in evidence and also fail to appear in court after ample opportunities granted and availed to conclude his evidence. The Hon'ble Court order "... issues were framed on 14.09.2010. The present suit is pending since May 1999, which has become 20 years old now ... absence of plaintiffs/witnesses indicates they are not interested in furtherance of the present suit. Accordingly, the suit is dismissed in default and also for want of prosecution. ..." After 5 months of dismissal in default, plaintiffs file an application to get the original documents back from Hon'ble Court but not challenge the order of dismissal in default. Whether the decree sheet is prepared in our favour or not? If yes Whether dismissal at the stage of PE is considered on merits on the failure of plaintiffs Evidence?
Answers (1)

Answer #1
763 votes
The decree sheet is prepared only in case the suit is decreed and not otherwise. In the present circumstances the suit was dismissed in default and hence no decree sheet will be prepared though the dismissal is in your favor. Even otherwise too the said dismissal is not on merits since the same is dismissed in default.

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