Partition suit
1 year ago
Case filed by me for partition of land in 2016 against my brother\nMy brother submitted written affidavit saying that oral portion is done\nDefence lawyer has completed cross examination of me in 2019\nDefendant is not presenting for cross examination for several months, court posted for closing \nDefence has applied for opening of the case through IA and same is approved by August 2022. Again defence has not submitted any evidence or cross examination.\nCourt gave them multiple chances and finally on 28 /9/2022, court decided to start hearings on next date 14/10/2022\nDefence was absent on that day, court heard arguments from plaintiff, posted for defence arguments for 21/10/2022.\nDefence absent again and court posted for 1/11/2022 for final\n\nMy question is how many times can court allow absentism from defence. What remedy do I have.\nI th8nk defence wants to have ex parts decree so that they can appeal in higher court to delay the judgement
Get ex-parte decree and if the other side prefer appeal before the High Court then see that such appeal is dismissed since several chances were given deffendent and he was so negligent in conducting the case.
Ideally the court will allow three consecutive dates for the other side to be absent before passing a show cause order or ex parte order. In your case you should start asking the judge for the same.
In case the defendant fails to submit a written statement within 120 days, then his right to submit a reply is forfeited. In such a scenario, even the court cannot extend the time limit by using its inherent powers under Section 151 of CPC.
But it depends on the judge and the court in which matter is being heard. When the defendant is absent on the day of the hearing as fixed in the summon, an ex-parte decree can be passed in the discretion of the judge.
Formalities to be done by landlords regarding tenants in Ghaziabad UP
Flat Purchase
Regarding undivided property
Property - Our share of property
Confiscated phone
