Consideration
inderjeet
(Querist) 10 March 2017
This query is : Resolved
Defendant not filed written statement and submitted application u.o 7 Rule 11. Reply to same was filed. Next date is for consideration. My query is that at the stage of consideration do I need to produce any evidence, witness and citations to prove my case.
Guest
(Expert) 10 March 2017
Your own lawyer can guide you better, as he would be knowing the complete background of the case, whereas you have not discussed that even in brief here.
R.K Nanda
(Expert) 11 March 2017
on next date most probably arguments will be heard on O 7 R 11 application by court.
Rajendra K Goyal
(Expert) 11 March 2017
Discuss with your own lawyer. Nothing can be advised without knowing details / contents of referred application.
Dr J C Vashista
(Expert) 12 March 2017
Of course the application u/o VII Rule 11 CPC will be heard and decided on next date of hearing, which is not connected with filing/non filing of WS.
You are to prove your averments in your argument/submission, which may or may not be with documentary evidence, however keep the documents ready with you.
inderjeet
(Querist) 12 March 2017
Argument will be in writing or verbally. Can I rely on citation of high court and give one set of same to court
Dr J C Vashista
(Expert) 13 March 2017
There is no bar/harm in submitting written arguments/citation(s), however, you should prefer to save and reserve the citations and/or written arguments to be used in final stage of the suit.
inderjeet
(Querist) 13 March 2017
Experts means that on the next date of consideration on the application only verbal arguments and citations to be produced later on.
inderjeet
(Querist) 22 March 2017
Do written statement has to be submitted within 3 months. In case not submitted case dismissed.
Dr J C Vashista
(Expert) 23 March 2017
WS should be filed within 30 days from the date of service of the defendant, however, it may be extended to 90 days on reasons to be recorded by the Court.
It can further be extended by the court to any time as specified.
It is the procedure (directory) but not mandatory.
The suit cannot be dismissed on the ground on delay in submission of written statement. It is required to be supported by a formal application U/S 5 of the Limitation Act for condonation of delay.
