• 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 2 months ago in Family Law from Kadapa, Telangana
Religion: Hindu
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
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1218 Consultations
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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
23206 Answers
1218 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
13985 Answers
127 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
13985 Answers
127 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
13985 Answers
127 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
18096 Answers
448 Consultations
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Without appearing as a witness you cannot bring the documents in question on record. 
Ashish Davessar
Advocate, Jaipur
18096 Answers
448 Consultations
5.0 on 5.0

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