Suit for partition-written statement
RAMJI
(Querist) 28 October 2012
This query is : Resolved
A suit for partition was filed in family court as its family matter and summons issued to 8 ppl. on 1st hearing summon service reported that summons received by D1 to D6, and D7+D8 r not living in address... In 2nd hearing it was ordered for pvt service to D7 & D8 and D1 to D6 to submit W/s.
On third hearing, AOS submitted stating pvt service to D7 D8 was successful by plaintiff, but neither D1 to D6 nor D7 &D8 submit Written statement on the day
( so far 3 hearing over, none submitted W/s) though they have advocates with them... But plaintiff is attending as party in person. Next hearing is 1st week of november....
Please tell me, what would be appropriate if again D1 to D8 did not submit W/s on this 4th hearing day too.... should we file any memo to court asking them to order for personal appearance of D1 to D8 or leave it to decision of court (say setting defendants exparte... etc). kindly advise as you feel pls...
Regards
RAMJI
Kiran Kumar
(Expert) 28 October 2012
move an application for Striking off their defence.
better engage a counsel in such kind of matters.
RAMJI
(Querist) 28 October 2012
Thanks Mr Kiran kumar for quick answer...
1.Is there any limitation on no.of hearings to become eligible to move an application to strike off defence....( because as it is a fmaily matter i though i can give them one more chance...)
2. will the Court automatically strike off if we represent verbally on the next hearing stating that W/s not submitted so far though it was ordered by judge....
Regards
Jeyaram
Kiran Kumar
(Expert) 28 October 2012
the period to be given is 30 days which may be extended to 90 days provided there are some valid reasons.
verbal requests often go unheard, better move the proper application under the relevant provision of CPC
