Setting aside of exparte evidence
kamal
(Querist) 01 March 2012
This query is : Resolved
court after strucking of defendents evidence posted the case for exparte evidence of plaintiff. can defendent get exparte evidence set aside on the day plaintiff evidence is to be taken up.defendet was absent in proceedings after putting in appearance on first date. defedet did ot file w/s even after court imposed costs and gave lot many opportunities. can defedet get aside ex parte evidence of plaintiff
R.K Nanda
(Expert) 01 March 2012
No, as the court has already struct off the
evidence of defendant.
R.K.NANDA-ADVOCATE
Adv.R.P.Chugh
(Expert) 01 March 2012
Not filing the Written Statement amounts to constructive admission of all the allegations of the plaint as per O.8 R 5/S.58 - CPC/Indian Evidence Act, court may proceed ex parte however the same does not by itself entitle the plaintiff to a judgment - the court in the fitness of things may move ahead to take plaintiff's evidence notwithstanding the constructive admissions, and that is what appears to have happened in the instant case - we have to remember that even when ex parte is passed - defendant still has the right to cross examine the plaintiff's witnesses - here the defendant is seeking to get the ex parte set aside with respect to cross examining the plaintiff, it's very unlikely that the the court in light of his past conduct, would allow such an application.
Bharat
niranjan
(Expert) 01 March 2012
You can still submit WS with the leave of the court.Court will allow with cost.
Kirti Kar Tripathi
(Expert) 01 March 2012
I think court has struct off the right of defendant to file W.S.The defendant has full right to get it recall or challenge the same.Normally courts allow such request on payment of cost. It is also in the interest of plaintiff. Otherwise, the matter would be linger on and ultimate result would be that he will get chance to file his W.S.
ajay sethi
(Expert) 01 March 2012
in the present case court has granted the defendant number of adjournments to file ws . inspite of repeated reminders defendant has failed to do so .
since you have failed to be diligent court has passed order striking off right to file ws .
you have dug your own grave .
you can salvage situation to some extent by effective cross examination of plaintiff
Deepak Nair
(Expert) 01 March 2012
Now the court has proceeded with the matter without WS and the defendant has lost the right to file WS.
At this stage, WS cannot be filed.
rajeev sharma
(Expert) 02 March 2012
The experts are right the person making quarry has lost the opportunity to file w.s. He should make use the opportunity of cross examination of witnesses and arguments.
