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2014 (12) TMI 1330 - HC - Indian LawsPartition of property - joint property or not - failure to file affidavits by plaintiffs. Held that:- The evidence of the plaintiffs is liable to be closed mainly on the two reasons; firstly he has referred to section 35 of the cpc that the cost has not been paid by the plaintiffs and in failure to do so, the plaintiffs are not entitled to proceed further with the matter and secondly he states that more than four adjournments have been granted and the plaintiffs right to adduce the evidence is liable to be closed. The evidence of the plaintiffs is liable to be closed. Even otherwise, this Court is doubtful if the plaintiffs have any case on merit against the defendant in view of the pleadings of the parties and documents produced. This is a fit case for closing the evidence of the plaintiffs - suits of plaintiffs dismissed.
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