What should defendant do if plaintiff is not appearing in the court
23-Jul-2023 (In Civil Law)
I am having dispute with my neighbor who started his construction without leaving any setback. I complained to the authorities and his construction was stopped. Now to harass me he filed a civil suit against me of encroachment. After having filed the suit, and we have submitted our written statement, he hasn't appeared for the hearing for 3 consecutive times. The next date if he doesn't appear, can the defendant ask for quashing of the plaint? Or what other options does the defendant have. Obviously, the plaintiff's motive is only to harass the defendant and there is no substance in the suit. Thanks.
You have filed your written statement. Now Issues have to be framed before taking up the case for evidence. When once the Issues are framed, the plaintiff has to adduce evidence which means he has to appear before the court. Till then plaintiff's advocate can take care of the case. So, wait for the evidence stage. Even at the evidence stage, if the plaintiff fails to appear and adduce evidence even after giving sufficient opportunity (say three dates), you can insist for dismissal of the suit for non-prosecution. You may also pray for imposing costs for unnecessarily dragging you to the court causing inconvenience, annoyance, loss, etc.
Question: I am having dispute with my neighbor who started his construction without leaving any setback. I complained to the authorities and his construction was stopped. Now to harass me he filed a civil suit against me of encroachment. After having filed the suit, and we have submitted our written statement, he hasn't appeared for the hearing for 3 consecutive times. The next date if he doesn't appear, can the defendant ask for quashing of the plaint? Or what other options does the defendant have. Obviously, the plaintiff's motive is only to harass the defendant and there is no substance in the suit. Thanks.
Ans: Defiantly you can seek for dismissal of the suit, in case plaintiff intentionally remaining absent to the court proceeding to drag the case by using the injunction order. Confirm the same to the court.
Ans: Defiantly you can seek for dismissal of the suit, in case plaintiff intentionally remaining absent to the court proceeding to drag the case by using the injunction order. Confirm the same to the court.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."