no w.s
koustubh bhide
(Querist) 07 April 2015
This query is : Resolved
Hello to all my seniors. I have one quary. Please help me to find out the solution.
We are from plaintiffs side.
W.s is not filed . Hence court orderd for no w.s. after 8 years defendent came with apppication for setting aside no w.s. court rejected the said applicatiin.defendent challenges the said order in high court. High court rejected the application of condonation of delay due to no proper reason mentioned in the application.
So Now they are putting forward an application in lower court to consider the say given for exihibit 5 as a w.s.
Is it valid?
What will be our stand in that situation.
Devajyoti Barman
(Expert) 07 April 2015
WS can be exhibited if the same is not allowed to be filed or not to be considered even if filed.
koustubh bhide
(Querist) 07 April 2015
Madam we are from plaintiff side in this case.
koustubh bhide
(Querist) 08 April 2015
No not exparty.they appeared in the matter but didnot filed w.s in time. Hence no WS passed.
alexander
(Expert) 09 April 2015
As per the CPC , the Court can pass an exparte decision even on the first hearing if the Defendant, his counsel doesn't show up
The Court cn give time to the Defendant to submit his WS within a maximum period of 90 days from the date of receipt of the Summons.
What do you mean when you say Court ordered no WS.
You say that HC rejected the application for condonation of delay but why didn't the Court close the case and deliver an ex parte decision
Was the case kept alive for 8 years and still no sign of the Defemndant
It is true that Sec151 gives inherent powers to the Court and EX DEBITO JUSYIE the Court give some more time for valid reasons for delay.
T. Kalaiselvan, Advocate
(Expert) 11 April 2015
You have stated that the application for setting aside the exparte order was dismissed by high court too, now what is your query, be clear.
koustubh bhide
(Querist) 04 October 2016
Ex.5 as a w.s is valid. Yes there is such provision
