Plaintiff fails to comply o.7 r.2 of cpc-plaintiff fails to state precise amount claimed in plaint

Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed. But where the plaintiff sues for-

(a) Mesne profits, or

(b) for an amount which will be found due to him on taking unsettled accounts between him and the defendant, or

(c) for movables in the possession of the defendant, or

(d) for debts of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for."

 

If the defendant has not filed the written statement within the stipulated time period then he may not be allowed to file written statement. 

However the defendant can file additional written statement if the plaintiff resorts to amend the plaint for any valid reason. 

No doubt the defendant can object to the plaint for this reason during final arguments. 

The facts as well the context posted are incomplete. 

Thank you Sir,

Being Defendant, who is not allowed to file WS, trying to make the Plaintiff to amend the plaint, hoping to get opportunity to file WS.

or else, I suppose, final argument is last opportunity available for me.

Thank you for your kind reply.

 

If the plaintiff is filing a petition to amend the plaint then a copy of the petition seeking amendment will be served on the defendant to record the objection of the defendant. After the petition is allowed the defendant will be given an opportunity to file additional written statement, you can utilise that opportunity and express all the grievances and objections through the additional written statement

Sir, Thank you for your kind reply.