Written Statement

Querist : Anonymous (Querist) 18 June 2011 This query is : Resolved
Whether the W.S signed and verified by one answering defendant bind others co-defendants ,when all appeared through one advocate and no separate W.S filed by them or no No-W.S order passed against them ? Plz

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PALNITKAR V.V. (Expert) 18 June 2011
if the WS is signed by only one defendant, it would not bind the other defendants although the other defendants appear through the same advocate and have not filed WS. it binds only the defendant who has signed it.

adv. rajeev ( rajoo ) (Expert) 18 June 2011
If memo is filed adopting the WS of the defendant who has filed WS, then the pleadings are binding on other defendants.

Devajyoti Barman (Expert) 18 June 2011
Definitely not.
Each defendant can choose to file separate WS.
However if the cause of action and the subject matter of suit is same then the pleading of one defendant may impact the pleading of another defendant.

Advocate Bhartesh goyal (Expert) 19 June 2011
I do agree with Mr palnitkar.

prabhakar singh (Expert) 19 June 2011
Mr.Palnitkar v v HAS RIGHTLY OPINED.
BUT Mr.RAJEEV IS ALSO RIGHT THAT OTHER DEFENDANTS CAN BY MOVING SIMPLY AN APPLICATION ADOPT THAT W.S.,AND DOING SO,WILL BIND THEM WITH SAME W.S.

Advocate. Arunagiri (Expert) 19 June 2011
The other defendants should file a separate W/s or should say in writing adopting the w/s filed by any of the defendants.

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