• Defamation suit requires evidence from other suit filed

Sir, i have filed a defamation suit on one of our family members for making allegations that i have murdered for property of my own brother. They blamed me before chargesheet was filed (video recordings and paper statements of allegation submitted),now trials have started,i am supposed to give evidence,but this defamation requires which will proove my character is pending in two other civil and criminal suit,can i link my defamation case to pending till the other two cases gets judgement so that that itself gives me document evidence to win defamation case.please suggest.
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

you can request court to club your suit for damages with other civil suit pending in court

2) however it cannot be clubbed with your criminal case.

3) the criminal complaint would be pending in sessions or magistrate court and cannot be heard simultaneously with the civil cases

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

1) you have to step in witness box and prove your case

2) the documents relied upon by you have to be proved by your evidence

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

If the other cases in which you have been falsely alleged to have murdered your own brother is pending awaiting judgment, you may have to wait for the court verdict because the defamation will lie only when you are acquitted and let out scot free.

So there is nothing wrong in waiting for the same.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

i need complete email on how to link my case to both the suits pending and finalise it only after they both are given judgements.

What is the email you want and who will give you this?

If you want to utilise the services of any advocate here you may approach him/her personally by first booking consultation and then can request for the needful from your side at the terms to be advised by the chosen advocate.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

As a plaintiff in defamation case can i request to give judgement basing upon only documents instead of appearing personally to court for evidence.

You cannot dictate terms to court and cannot ask for a favorable judgment in any manner. You have to simply participate in the ces proceedings as per law and cannot do anything that you are desriing, that will be termed illegal and contempt of court also.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

1. You acted in haste. You ought to have waited for the conclusion of criminal trial. How would you prove defamation unless the criminal court has delivered its judgment and order?

2. The plaint and FIR are required to be perused to advise.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Without appearing as a witness you cannot bring the documents in question on record.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

They can file appeal seek stay of trial court order 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

They can approach appellate court without depositing any amount in the lower court, it will be the discretion of the appellate court to direct the appellants to deposit a part of the amount ordered or not.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

They may file an appeal and get a stay on the deposit but usually in such orders the appellate court will ask that person to deposit certain amount of money in order to admit the appeal 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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