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Plot NO 119,FLAT NO. 8 Bapuji (Quality Assurance Engineer Department of Defence Production)     05 June 2024

what to do if Written Statement is not filed by respondant

what to do
if Written Statement is not filed by respondant


Learning

 5 Replies

vasantharao venkatarao (Independent professional )     05 June 2024

If the written statement is not filed despite the directions of the court, you may advise that the case be proceeded with the next steps.If no written statement is filed, it essentially means that the Plaint remains unrebutted and if the defendant does not appear at further hearing , you may seek for a decree on the basis of your plaint.

Advocate Bhartesh goyal (advocate)     05 June 2024

If written statement is not filed within 30 days of receipt of summon, court may grant another 60 days to file written statement and despite given such opportunity if defendant fails to file written statement,  court may proceed  u/order 8 rule 10 cpc and pass judgment on basis of material available on record.

T. Kalaiselvan, Advocate (Advocate)     05 June 2024

As per Order VIII Rule 10, if any person who is required to file a written statement does not do so within the time period prescribed or permitted by the court, the court shall pronounce the judgement against him or issue an order, and a decree shall be drawn up on the pronouncement of the judgement.

Defendant must file the Written Statement within the time period of not more than 120 days from the date of service of the summons, and thereafter upon the expiration of this period, the defendant will forfeit his right to file the written statement and the Court shall not allow the same to be taken on record.

P. Venu (Advocate)     05 June 2024

Generally, the Civil Courts are not strict in giving effect to the time  limit as above. Any how, your advocate can press for hearing and deciding the case ex-parte.

vasantharao venkatarao (Independent professional )     05 June 2024

I do not think that it is ex parte. The Advocate may be representing the client and still the W/S is not filed. As opined what can be insisted is for a decree 


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