Dear Lawyers,
Subject: Can pleadings be introduced in the WS when they are originally absent (0 in number) in the first instance?
I have a question about pleadings in the defendent's WS.
The brief facts are given below.
I filed a plaint in a JMFC Court in a civil land case against a person.
The case is now listed for framing issues. The Civil Judge has found that the defendent has not made any pleadings in his WS.
The plaint was filed in June 2014 while the WS was filed in February 2015.
I doubt whether any pleadings can now be "added" in the WS by the defendent.
Please note, amendment refers to correcting the "already present" pleadings. But, in this case no pleadings are present at the first instance.
Can the defendent now "add/introduce" pleadings (as an afterthought) in his WS at this stage?
Is it legally allowed?
Please explain
akshay
