What happens if the plaintiff fails to appear in civil court in India?

If the plaintiff or a defendant, when ordered to appear in person, do not appear before the court and neither show the sufficient cause for his non-appearance, the court is empowered under Rule 12 of Order IX as follows. If the plaintiff does not appear, dismiss the suit.

What penalty the court can order against witness who fails to produce the documents or refuses to attend the court?

Where such person does not appear, or appears but fails to satisfy the Court that there was a lawful excuse for his absence, the Court may impose a fine, not exceeding Rs. 500 to be recovered by the attachment (if not already effected) and sale of his property (Order XVI, Rule 12, Code of Civil Procedure, 1908).

What are the rules of cross examination?

Every party has a right to cross-examine a witness produced by his antagonist, in order to test whether the witness has the knowledge of the things he testifies and if, is found that the witness had the means and ability to ascertain the facts about which he testifies, then his memory, his motives, everything may be …

Can a plaintiff be cross examined?

Cross-Examination When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

What happens if plaintiff does not show?

Section 3, Rule 17 of the Rules of Court provides that “if plaintiff fails to appear at the time of the trial, or to prosecute his action for an unreasonable length of time, or to comply with these rules or any order of the court, the action may be dismissed upon motion of the defendant or upon the court’s own motion.

What happens if defendant doesn’t attend court?

Non-attendance by the defendant If the defendant is an individual who fails to appear 10 the court may: adjourn and issue a warrant for the defendant’s arrest.

What happens if witness does not attend court?

After receiving a summons from court to appear as a witness and still, the witness fails to appear before the court then warrants with or without bail would be issued for arresting that person. Along with this, the court can even attach the property of the person and also impose fine.

Can you enter evidence on cross examination?

As with direct examinations, the rules of evidence used in your mock trial govern the content of your cross examination; in order to elicit testimony from an opposing witness, you must have a reasonable theory of admissibility for that evidence.

How do you end a cross examination?

Destructive Cross-Examination of Critical Adverse Witnesses. In addition to starting strong, you should finish strong holding certain “zingers” until the end of the cross. Remember, utilize principals of primacy and recency. The first and last things jurors hear stick with them.

When can you not cross examine a witness?

Witnesses who present only foundational facts should not be cross-examined. Likewise, even important witnesses, who are not likely to be shaken from their direct testimony, should not be cross-examined as you will only reinforce the testimony through your questions.

Can evidence be introduced on cross-examination?

When a document is produced under Section 161, it becomes subject to a general inspection and cross-examination by the opposite party. But the cross-examination on the portion referred to by the witness does not make the document evidence against the cross-examiner. It has been made clear in the case of Pran Dutt v.

What happens after the plaintiff’s attorney completes the direct examination?

After the plaintiff’s attorney completes the direct examination, the defendant’s attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice.

When can a defendant cross-examine a witness?

When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

Can opposing counsel object to questions asked on cross-examinations?

Opposing counsel may object to certain questions asked on cross-examination if the questions violate the state’s laws on evidence or if they relate to matters not discussed during direct examination.

What happens if the plaintiff does not show up to court?

But, on occasion, the plaintiff—the person who initiates a lawsuit by filing a complaint—fails to show up. If this happens to you, the judge will likely dismiss the matter, but not always, and the plaintiff might be able to refile the case.