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(Guest)

Ws issue after gazette notice in newpaper

I have filed a civil case of 13b almost a year back, the opposite party is not coming from the starting of the case they didn't accept any summons as we served 4 summons through court and A gazette notice published in the national newspaper. Now judge wrote the WS issue on my last hearing date. What does it mean and now what I have to do for Exparte? Could you please guide me in this.


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 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 November 2021

A written statement is a reply file by the defendant of the plaintiff's suit. It is called a reply to the defendant. The particular definition of the written statement is not defined in the law of civil procedure code.

Shashi Dhara   16 November 2021

If respondent is not appearing or not engaging advocate then how can he file w.s .

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(Guest)

Thanks for your reply... But what will happen if the defendant is not appearing in the case from the starting. 

Shashi Dhara   16 November 2021

Ex parte evidence will be adduced and judgement will be passed .

Advocate Bhartesh goyal (advocate)     16 November 2021

If defendant and his counsel does not appear or attend  hearing date then court may pass Ex-Parte order against then and proceed for Ex-Parte evidence and pronounce Ex-Parte judgment.

G.L.N. Prasad (Retired employee.)     17 November 2021

The judge may be giving such orders a casual and routine manner, request your advocate to plead for proceeding further, after declaring the parties as expartee as sufficient time and chances as per law was given to the defendants. 

Dr J C Vashista (Advocate)     18 November 2021

Which act / law did you refer for section "13b" mentioned in your quesiton ?

What do you mean by the "gazette notice" stated to have been published ?

Are you sure about the averment/statement that you got "gazette notice" published in "national newspaper" ?

Unbelievable statement.

When an opposite party refuses to receive (do not accept as stated by you) summon it is "presumed service" in terms of Section 27 of the General Clauses Act, 1897 and the Court shall proceed. 

Prima facie a "time pass" hypothetical but not a true story.

However, if it is a true story it is better to consult another local prudent lawyer for better appreciaiton of facts and advise.


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