Passing of ex-parte & no written statement order
rahul
(Querist) 25 August 2015
This query is : Resolved
Respected Members,
There are six defendants in suit & summons has been served to all the defendants four month back & court has accepted the service.
The defendant no. 1 & 2 appeared on the first date fixed for hearing & only Defendant no. 1 file written statement & matter adjourned for reply after two months.
On the second date i.e. after two month Hon. Judge was on leave & matter adjourned to next month.
On the next date Defendant no.1, 2 & 3 appeared & Defendant no. 3 asked for time to file written statement & hence matter adjourned for filling reply by defendant no.3 to next month.
Till this Defendant no. 2 has only appeared & in spite of receiving summons four months back he has not file reply & he has not asked for any time to file the same. He is only appearing.
I am certain that on the next date I will file application to the court to pass ex-parte order against Defendant no.4 to 6 as per order 9 rule 6. I have no confusion in respect of Defendant no.4 to 6.
But I am confused about the Defendant no.2 about whether can I pray to court to pass ex-parte order against defendant no. 2 ? because he has appeared but has not file WS & he is silent on it.
Therefore I am planning that if on the next date if defendant no.2appeared & do not file WS then I will Pray to the court that no written statement order may be passed against Defendant no.2 as time given by order 8 rule 1 to file WS has lapsed & even if Defendant 2 ask for time to file WS then cost must be imposed on him.
1. Please guide whether I am right or wrong ?
2. What would be proper steps for me in such circumstances ?
Thanking you.
SAINATH DEVALLA
(Expert) 25 August 2015
What is the case actually,give a detailed account.
rahul
(Querist) 25 August 2015
Sir Suit is for possession & declaration.
niranjan
(Expert) 25 August 2015
Yes,you can go ahead.
M/s. Y-not legal services
(Expert) 26 August 2015
are you an advocate?
or if you are the litigant mean just ask your counsel, he will take care of your case.
fact remains what you are stating that is right..
SAINATH DEVALLA
(Expert) 26 August 2015
U can do so against 4 to 6.What is the stance of their lawyer regarding continuous absence of the defendants?
rahul
(Querist) 26 August 2015
Thank you very much to all the experts. I am fighting my own case.
You valuable advice help very much to clear confusion of people like me.
Thank you once again.
