Plaintiff Not Coming For Trial
28-Mar-2025 (In Civil Law)
Being defendant in a civil case can I request court to issue subpoena against plaintiff to come and adduce their evidence? I was roped in false civil case and I am not looking for default judgment. Please suggest how to compel plaintiff to come to court. I just want to avoid plaintiff going to high court as an appeal with a false narrative that district court for not considering her evidence and drag the matter for years in high court.
Yes, as a defendant, you can request the court to issue a subpoena (summons) to compel the plaintiff to appear and present evidence. Under civil procedure, you may file an application before the court under Order XVI Rule 1 of the CPC (Code of Civil Procedure, 1908) requesting the issuance of a summons to witness.
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