Filing of written statement
pawan kumar
(Querist) 28 April 2012
This query is : Resolved
defendent has not filed w/s despite many chances given and costs imposed. defence struck.does it mean what is stated in plaint will be accepted by court.
Devajyoti Barman
(Expert) 28 April 2012
It is not automatically accepted.
The plaintiff need to give evidence and the defendant has right to even cross examine him on the admitted facts as stated in Plaint.
In such circumstance the court may even ask for more evidence if the court is not satisfied with the proof led by the plaintiff.
Read the decision on this point passed by the supreme court in this month.
prabhakar singh
(Expert) 28 April 2012
Yes!That means simply that there would not be defendant's story.
But even if a case proceeds exparte the plaintiff is obliged to prove his case independently and defendant shall have right to cross examine witnesses produced by plaintiff.
ajay sethi
(Expert) 28 April 2012
agree with experts plaintiff has to prove his case .
Suhail A.Siddiqui
(Expert) 28 April 2012
First court provide o.p. to file written statement. In case court feel O.P. is not filling W/s intentionally,court may close such opportunity to O.P. and will proceed further.
prabhakar singh
(Expert) 28 April 2012
SIR Suhail A.Siddiqui!
what do you mean by your expression?????
V R SHROFF
(Expert) 28 April 2012
Pawan, if defe apply for set aside this order, court will allow it too. There are plenty of citations to support allowing w/s condoning delay .
RAJU O.F.,
(Expert) 29 April 2012
Since the averments made by the plaintiff are not challenged or contested, even on obtaining a proof affidavit from the plaintiff as evidence and hearing arguments, the Court may pass decree, probably as prayed for in the plaint.
Shonee Kapoor
(Expert) 02 May 2012
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
