Plaintiff is son in a partition suit filed against his mother, in his plaint he has himself pleaded that the property had been purchased by his father in the name of his mother for benefit of all the family as such the presumption contained under section 3 (2) of the benami transaction prohibition act is in favour of the mother. Plaintiff as well as his three witnesses in cross examination has also admitted that property had been purchased for the benefit of the mother. Plaintiff has not produced any cogent witness or adduced any document to show that consideration was paid by his father. As such he has failed to discharge his initial burden. The suit was filed in the year 2010 and due to non co-operation by the plaintiff the suit has not yet finalised. Plaintiff is also living in the same premises and always creating nuisance though his wife. I would like to request to kindly advise me on the following points-
(a) Whether defendant mother is supposed to be cross examined.
(b) Why suit can not be dismissed under Rules 11 (d) Order VII of CPC.
(c) Any effective action to get the suit finalised at the earliest.