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Partition suit pending in court what are the advantages for plantiff
30-Jun-2023 (In Property Law)
i have filed a partition suit for deciding share which was not mentioned during property partition way back in year 1960, here i have few queries 1)in 1960 property partition took place between two co sisters, defendant belong to one of the co sister family she is not alive know & their present family does not have khata in their name, khata is still in the name of the person who sold the property during 1950's. can we bring this to the court notice. 2)as per the rule, issues to be start with the plaintiff, if issue start with defendant, what advantage for plaintiff & any disadvantage.
You can bring any fact that you may feel relevant to the Court's notice. It is for the Court to weigh and decide the admissibility of the the evidence produced by a party. You can present the Khata extracts, and certificate to the Court at the time of evidence, if you think it is relevant, or you can bring it to the Court's notice with a plain memo if you want to make a definite statement.
Secondly, the Court frames issues based on the pleadings of both parties. The issues are questions that the Court determines to be proved or established by a party to prove his/her side of the case. Since it is the Plaintiff who has brought an action, it is the Plaintiff's duty to establish the case, and the Defendant is given an opportunity to rebut the evidence proffered by the Plaintiff. In normal course of events, a Defendant does not get the first chance to adduce the evidence.
Secondly, the Court frames issues based on the pleadings of both parties. The issues are questions that the Court determines to be proved or established by a party to prove his/her side of the case. Since it is the Plaintiff who has brought an action, it is the Plaintiff's duty to establish the case, and the Defendant is given an opportunity to rebut the evidence proffered by the Plaintiff. In normal course of events, a Defendant does not get the first chance to adduce the evidence.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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