Deliberate filing of written statement
MSC Shekar
(Querist) 16 January 2012
This query is : Resolved
In a specific relief suit consisting of a Petitioner and two Government Departments as Respondents.
In the suit proceeding the Govt Department 1 has been set exparte for not filing written statement.
The second Respondent(Govt. Dept.) just simply to drag on the case filed a Written Statement but failed to file a Affidavit for further trial.
This deliberate act of filing of Written Statement of the Second Respondent has cause unnecessary loss of time to the petitioner.
Now my query is there a provision in Civil Procedure code for punishing the act of deliberately filing of written statement and not filing a an affidavit for the same ?.
ajay sethi
(Expert) 16 January 2012
if one of defendants has filed written statement court will frame issues and then parties have to lead evidence in support . has the plaintiff filed his affidavit in lie of examination chief and has been cross examined?
if defendant is not filing affidavit of evidence it is in your interest .court will grant time to defendant to file affidavit but if it fails to do soyour evidence has gone in uncontroverted .
court will place case for arguments
Deepak Nair
(Expert) 16 January 2012
Very well explained by Mr. Sethi.
There is no provision of punishment in case of failure to file affidavit of evidence.
Instead it will strengthen your case as the court will proceed further without the evidence of the respondent and keep the matter for final argument.
venkatesh Rao
(Expert) 16 January 2012
Once defendant puts in his appearance either in person or through an advocate, he can not be placed exparte. Even after the service of summons if he remained absent on the day fixed and/or not represented by an advocate, then only you could have been placed exparte.
As far as the second respondent is concerned, a defendant in a suit is at liberty to take any contention he wants, however irrelevant it may be. Even when a person is made a defendant in a suit and no relief is claimed against him, still he can file written statement. That being so, there is no reason even to think of punishing the defendant for filing WS.
Rajeev Kumar
(Expert) 16 January 2012
Agree with above experts
prabhakar singh
(Expert) 17 January 2012
Your question is????
"Now my query is there a provision in Civil Procedure code for punishing the act of deliberately filing of written statement and not filing a an affidavit for the same ?."
My answer is::
No!There is no provision in Civil Procedure code for punishing the act of deliberately filing of written statement and not filing an affidavit for the same.
