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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.
Answers (3)

Answer #1
546 votes
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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Answer #2
563 votes
it's plaintiff case, you are defendant. Tell ur lawyer to take steps in dismissing the suit by following due process of law so that if his case weakens in appeal if at all he chooses to go. for further assistance u can contact.
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Answer #3
776 votes
Well, without scrutinising your case related Documents, no advocate can properly suggest you the legal measures which you can opt to restrict Plaintiff from approaching High Court in an Appeal with a false narrative.
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