Timi (Owner) 02 February 2010

Advice needed

HI,

I have filed a case against my relative for not giving me a legal share to my ancestral property. They took everthing by buying all property from my grandfather on paper.

So I fighting this case through local advocate, not actively taking part as I am living to faar from my village.

Its has been 3+ months the opposite has not presented there case against my notice. Finally Court asked the opposite party advocate to file a WS(Written Statement)

I want to know what is WS.

How can the opposite party delay so much in filing their Views.

Also Since I don't know much about law, what I should ask to my advocate after every hearing(as I am nit going to be there), I mean any documents or do's and dont;s or precautions i shoud take.

Please answer my query. I will be very thankfull to you.

- Tami

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4 Replies

AEJAZ AHMED (Legal Consultant/Lawyer) 02 February 2010

Written statement.

The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence.

Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.

Life Cycle of Civil Case:

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Timi (Owner) 02 February 2010

Hi Aejaj,

thanks you very much for your reply.

What if WS is still not filed on time, in that case what can be done.

Di I need to do the Court will do the necessary.

thanks

Tami

AEJAZ AHMED (Legal Consultant/Lawyer) 03 February 2010

Dear Tami,

If Ninety Days period completed from the "Date of Receiving of Court Summons" by the Defendant, then it is the duty of the court the "Set Ex-parte" and take the statement of Plaintiff and Pass the Judgment.

If Magistrate is not doing so ask your advocate to submit his represent on the next date of hearing and ask the magistrate ' to set the defendant ex-parte ' and call the plaintiff for evidence.

As per the amended Civil Procedure Code, there is no further adjournment for filing of WS beyond 90 days, the only adjournment for set ex-parte, evidence and Judgment.