Does additional ws invalidates original ws?
niky......
(Querist) 13 September 2014
This query is : Resolved
Plaintiff made an amendment to plaint and order was passed and it was mentioned that defendant(I) can file an additional written statement in that regards.
Does additional WS invalidates(puts off record) the original WS? i.e going forward judge will only look at the additional WS and not [ original WS + document copies or exhibits attached to it]
My lawyer has created 'additional WS' that has only 2 (new) points corresponding to amendment to plaint. So will this suffice? or the rest of matter in original WS also needs to be mentioned in additional WS?
Thank you.
Advocate. Arunagiri
(Expert) 13 September 2014
I agree with Mr.Arvind. Additional written statement is adding points to the original written statements. Naturally the court will peruse both the WSs.
ajay sethi
(Expert) 13 September 2014
court will consider both WS
niky......
(Querist) 13 September 2014
Thank you very much all respected experts, really appreciate you help & advise.
Surrender K Singal
(Expert) 13 September 2014
Unless other side objects and if additional WS is without permission and condonation of delay, if any
niky......
(Querist) 13 September 2014
Court had mentioned in the amendment to plaint order that i can file Additional WS. Condonation of delay will apply if I submit after 90 days since i am served with amended plaint copy right?
Anirudh
(Expert) 13 September 2014
Whether it is right or not, you and your lawyer will certainly know as you know the exact facts. Your information in bits and peaces is not enough for any one of us to give an appropriate answer to your query. It is also not clear with what motive, purpose and intent that you are selectively giving information and seeking answer to that.
niky......
(Querist) 13 September 2014
I was satisfied with my original query and thanked everyone for their valuable suggestions. The follow up query was in respect to Singal sir's reply where he mentioned about condonation of delay. But probably you are right i should have refered to it that way in my 2nd query for bringing clarity, apologies for that.
Surrender K Singal
(Expert) 13 September 2014
90 days period as available after amended plaint, itself was enough to legitimise your WS based on amended plaint;
niky......
(Querist) 14 September 2014
Thank you Singal sir for your reply.
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
The query has been properly addressed. Yes the court will consider both statements while framing the issues.
Surrender K Singal
(Expert) 20 September 2014
Normally, comprehensive WS is filed against amended plaint; If you have specified your WS, after amendment of plaint,to be additional, then, both would be duly considered
