Failing to file ws.
M.S.Chopra
(Querist) 29 November 2011
This query is : Resolved
A case was filled in lower court, the defendant never filed the WS, and after expiry of time submitted the application under Order 7 rule 11, relief was granted by High court as to decide the case on merit and the matter was sent back for trial, WS again not filled by defendant , court passes order for last warning. After expiry of warning period file was inspected by appellant and he filled a application for Struck off of the defense. on next date WS filled off the record , should the defense be struck off? If so what is the affect of this on the previous decision that the case to be decided on merit.
Devajyoti Barman
(Expert) 29 November 2011
First clarify what was the fate of rejection of plaint?
Rajeev Kumar
(Expert) 29 November 2011
Kindly clarify the question. so we are unable to reply
ajay sethi
(Expert) 29 November 2011
high court hasdirected that case be decded on merits. sufficent time was garnted to you to file written statement by trial court .
the court has passed order that last chance be given to you to file WS . inspite of repeated adjournments being granted you have failed to file WS .
did the court whole granting last cjhance mention that in event WS is not filed on next date suit would be decided as undefended suit . ?
court may allow you to file WS on payment of costs since application for striking defence has not been decided . make an application for condonation of delay in filing WS
M/s. Y-not legal services
(Expert) 29 November 2011
better you only can clear facts about your case mr.chopra. really i cant understand that whats happened in your suit?
dev kapoor
(Expert) 30 November 2011
Please clear, what do you mean by "on next date WS filled off the record"?There is however no bar to file application under O:7,R:11 CPC prior to the filing of written statement,even after the HC order.
Plz clears ...
M V Gupta
(Expert) 01 December 2011
Continued default to file WS would result in the court proceeding to decide the suit on the evidence produced before it by the Plaintiff and his deposition. Ofcourse u are entitled to cross examine the Plaintiff and his witnesses if u so desire, even though you have not filed any WS.
