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Oshion   09 July 2018

Can defendant still file ws?

Defendant did not file WS for more than 300 days and also did not seek any condonation of delay. Plaintiff filed application u/O.8.R.10 against the same.

Meanwhile, on direction of court, plaintiff is filing an amendment u/O.6.R.17. The amendment does not change any relief or cause of action, it merely refutes some claims made by original defendant and adds names of additional defendants.

Query: Will the defendant still get an opportunity to file WS, as the plaint is being amended? Or ex-parte proceedings can be made against him as per O.8.R.10?

Any relevant citations would be appreciated.



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 3 Replies

Adv Deepak Joshi +917017821512 (Advocate)     09 July 2018

If some claims and new defendant are added then new defendant will get chance to defend all the facts and old defendants will get chances to defend only those facts which are added subsequently that to if courts permits .

1 Like

TGK REDDI   09 July 2018

A Court can condone delay without an Interim Application,

Please ascertain whether the Court extended time suo motu.      It must have.     Further step would otherwise have been taken by the Court.  

The delay is, however, outstandingly inordinate. 

 

1 Like

Oshion   10 July 2018

Court has not mentioned of granting any extension nor taken any other steps till now which is strange.

 

Originally posted by : TGK REDDI
A Court can condone delay without an Interim Application,

Please ascertain whether the Court extended time suo motu.      It must have.     Further step would otherwise have been taken by the Court.  

The delay is, however, outstandingly inordinate. 

 

 


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