Defendant filed an additional written statement after plaintiff filed an ammendment !!
Sudhin2218
(Querist) 21 July 2012
This query is : Resolved
I've scenario, where Defendant 1 passed away and plaintiff has made any amendment saying that defendant 1 passed away.
Since the defendant 1 has passed away .. defendant 2 to 6 has filed an additional written statement and around 25 to 30% of change made in additional written statement compare to Original written statement.which was filed in the beginning of case around 4 years back. The change is needed because of Defendant 1 death.
Now Plaintiff has filed an application to reject the additional written statement filed by defendant 2 to 6 .
My question is... does defendant 2 to 6 has a right to file an additional written statement at this stage ? If so.. what act that supports defendant 2 to 6 to file an written statement? are there any supreme court judgement that supports above contention?
Devajyoti Barman
(Expert) 21 July 2012
The death of one defendant dies not give rise to power to other defendants to file additional written statement though the substituted legal heirs of the dead defendant can well file any written statement they feel like.
V R SHROFF
(Expert) 21 July 2012
Object it, as no new cause of action..
