Filing ws.

Shantanu Wavhal (Querist) 21 February 2012 This query is : Resolved
At the time of filing WS by respondent -

1) Is the respondent just expected to file his WS or the judge asks him any questions ?

2) Is the petitioner allowed / expected to be present in the court at that time ?

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prabhakar singh (Expert) 21 February 2012
The defendant /or/respondent is just expected to file his/her W. S.and need not be present in person as he /she is allowed to put his/her appearance through his duly authorized agent called advocate.The court does not ask any question on the date of W.S. ,however court may ask questions,if it thinks needful from either party at the date of issues,more particularly from plaintiff or petitioner.

Kirti Kar Tripathi (Expert) 21 February 2012
Agree with Mr. Singh. Parties are expected to file their pleadings. His personal appearance is not required. He can take assistance of counsel.

V R SHROFF (Expert) 22 February 2012
At the time of filing WS by respondent -

1) Is the respondent just expected to file his WS or the judge asks him any questions ?
R HAD TO FILE; J DO NOT ASK QUESTION
2) Is the petitioner allowed / expected to be present in the court at that time ?
NO

Raj Kumar Makkad (Expert) 22 February 2012
This is a procedural matter wherein the respondent is expected to file his written statement either in person or through his lawyer engaged by him for that purpose.

Being a civil suit, his personal presence is not required while filing the written statement but affidavit should be got attested by him.