N.K.Assumi (Advocate) 04 August 2010

Summoning Defendant at Trial who failed to filed WS?

In a civil suit filed against two Defendants the second defendant filed written Statements but the (Main) First defendant failed to put in Written statements after giving ample opportunity by the Court to file Written statement. Now at the trial stage is it necessary to summon the First Defendant who failed to put in its written statements for proper adjudication of the case or it can dispense the first defendant?

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7 Replies

niranjan (civil practice) 04 August 2010

I think your reply is in order 8 rule 10.

N.K.Assumi (Advocate) 04 August 2010

That was done long time back by putting in an application for judgment, but the Court failed to exercise its Jurisdiction on that score.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 04 August 2010

Sir, no WS means no defense, that is all. It means the deft one accepts the plaint. He can now assail it on law points only.

SHIRISH PAWAR, 7738990900 (Advocate) 04 August 2010

Dear N.K.Asumi,

if any defendant has failed to file W.S. then request has to made to court to pass no W.S. order against the said Defendant.

Regards.

Ayush (Advocate) 04 August 2010

an application for struck off the defence of the defendant can be filed before the court. Teh application will be heard and the order as to stricking off the defence of the defendatn can be passed. But this cant be done unless the 90 days prescribed period has passed from the date of receiving the summons by the defendant no. 1