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Ashish   10 January 2018

Impact of dismissal for default on defendant

A suit is about to be dismissed for default. Court has framed issues. Some of the issues I want are not framed. Also, I omitted to plea certain defenses and want to file an application to amend. Should I do so by filing an application to amend my WS so that my defenses are not deemed to be waived? Or will the dismissal for default have no impact on the basis that I did not plea that defense? 

Suit is pending in Pune, Maharashtra.



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 2 Replies

manoj   10 January 2018

as per your query in the absence of pleadings in the written statment you cannot succeed in your case. In some cases even in absence of pleadings in written statement the party can raise the question of Law before the court. But it is advise to amend the pleadings before the trail court itself. The amendment of written statement is very easy than the amendment of plaint, because before coming to the court the plaintiff should plead all the averments in the plaint to succeed his case. He cannot take the advantage in Law by order 7 rule 14 cpc to amend his plaint. He have to prove that due to diligence he did not plead in his plaint. But in your case it is written statement it can be amended at any stage. 

V E MANOJ KUMAR  M.B.A.,L.LB.,

ADVOCATE

CELL NO 86 86 15 92 92

 

Ashish   10 January 2018

Adv. Manoj, Thank you Sir, The problem is that Written Statements are also subjected to Order 7 Rule 14 CPC. 


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