Defendant did not file WS for more than 300 days and also did not seek any condonation of delay. Plaintiff filed application u/O.8.R.10 against the same.
Meanwhile, on direction of court, plaintiff is filing an amendment u/O.6.R.17. The amendment does not change any relief or cause of action, it merely refutes some claims made by original defendant and adds names of additional defendants.
Query: Will the defendant still get an opportunity to file WS, as the plaint is being amended? Or ex-parte proceedings can be made against him as per O.8.R.10?
Any relevant citations would be appreciated.
