Memo.

Querist : Anonymous (Querist) 19 June 2011 This query is : Resolved
Question: 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?

Answer: My understanding 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.

Query: If memo is filed adopting the WS of the defendant who has filed WS, then the pleadings are binding on other defendants. What does memo means? So what does civil misc petition means i was think both are same.

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prabhakar singh (Expert) 19 June 2011
Query: If memo is filed adopting the WS of the defendant who has filed WS, then the pleadings are binding on other defendants. What does memo means? So what does civil misc petition means i was think both are same.
IT IS 2nd TIME YOU HAVE COME WITH SAME QUESTION.
I HAVE POSTED MY ANSWER WHAT Mr. RAJEEV MENT BY HIS USE OF WORD "MEMO"

I AM REEXPLAINING IT AGAIN IF ONLY ONE DEFENDANT HAS FILED A W.S.,THE OTHERS ARE AT OPTION EITHER TO FILE THEIR SEPARATE W.S. OR TO "ADOPT THE VERY SAME W.S. FILED BY ONE OF THEM.
AND THEY CHOOSE TO ADOPT SAME,OF COURSE THEY MOVE AN "APPLICATION" FOR THAT,AND Mr.RAJEEV MEANT THIS "APPLICATION" TO CALL A MEMO. OKAY!

abhishek (Expert) 19 June 2011
if the written statement is filed on behalf of all defendant and signed by one defendant and the advocate, it is binding on all the defendants as the vakalatnama was jointly signed by them i.e. all defendants.

and if the WS is filed on behalf of one defendant and signed by him alone and by advocate, then in this case it is binding on him

Guest (Expert) 19 June 2011
if all the appeared through the same advocate by way of memo and one has filed the WS and it is binding on himself only and if the others want to join the same they can give the statement for the acceptance of the same and not required to give another WS

Devajyoti Barman (Expert) 19 June 2011
Repeated query.

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