No counter by bank- issues

suneetha Jain (Querist) 10 March 2019 This query is : Resolved
Sir, Is there any procedure to make the opponent (Here, in my case, Bank) file the counter (Bank did not file the counter for the last one year) so that the case can reach for final argument position?? Or can I request the Hon'ble Judge that since Bank has not filed counter, Can the case be finalized by the Hon'ble Judge considering absence by the Bank??

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Suhail suhail (Expert) 11 March 2019
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To follow..

Suhail suhail (Expert) 11 March 2019
You mean to say that the defendant bank is not filing the reply./written statement. If the service is complete and they have been served properly then you can ask the court to proceed ex prate against them and get the decree.,though that would be challenged even at the execution stage. There are procedures and you must make confirm with your lawyer about the steps to be taken to get the case settled. however you have not detail of your case here.

P. Venu (Expert) 11 March 2019
What is the nature of the case? Is it a suit or a WP? If a suit, the defendant could be non-suited if Written Statement is not filed within the time permitted. If a WP, it is not necessary that the respondent ought to file before the matter could be kept for hearing.