The children of my deceased defendant who are not even proved as legal heirs of their mother in court records have filed a declaration case against me and my defendant saying that our decrees and Judgements are null, void, fraud and illegal. For the past one and a half year, the children of my deceased defendant who are now the petitioners in the declaration case, have not brought any evidence in this case. The judge is reluctant and has given them up to 12 chances to come to court to present their evidence But they have never come. when my advocate requested the judge that more than 3 chances have been given to the petitioners to bring their evidence, so when will these chances end? The judge reluctantly told my advocate that it is up to the court's descreation to allow chances. The judge was rude. What should be done to get the evidence of the petitioners closed?

Detailed Legal Analysis

To address the issue of the petitioners not presenting evidence in your declaration case, you can file an application for dismissal of their case due to lack of prosecution, based on the provisions of the Code of Civil Procedure, 1908 (CPC).

Here are the steps and key points to consider:

• File an Application under Order IX Rule 9 of CPC: You can file an application to the court under this rule for restoration or dismissal of the suit due to the petitioners' failure to produce evidence. This rule states that if a party fails to appear in court, the judge may dismiss the case.
• Invoke Order XVIII Rule 2 of CPC: You can request the court to direct the petitioners to produce their evidence within a specified time limit. If they fail to do so, you may ask for the case to be dismissed.
• Cite Delay and Prejudice: Emphasize that their prolonged absence and failure to provide evidence have caused undue delay and prejudice to your case. Mention how this is against the principles of justice and fair trial as enshrined under Article 21 of the Indian Constitution.
• Request a Final Hearing: You can request the judge for a final hearing and ask for a timeline within which the petitioners must comply. If they fail to comply, you may seek a dismissal of their case.
• File a Written Statement or Counter-Affidavit: If you haven’t already, file a comprehensive written statement countering the claims made by the petitioners, highlighting their failure to provide evidence.
• Seek Legal Remedies: If the situation persists without resolution, consider filing an appeal against the judge's order if it goes against procedural norms or if you feel that the judge is not providing a fair opportunity for your case.
• Maintain Records: Keep detailed records of all court proceedings, including dates and instances where the petitioners failed to appear. This documentation can support your case for dismissal.

It is essential to consult with your advocate to prepare a strong application and ensure that all procedural requirements are met. The aim is to show the court that the petitioners are not diligently pursuing their case and that it would be just to dismiss their claims for lack of evidence and prosecution.