civil

Querist : Anonymous (Querist) 09 February 2010 This query is : Resolved
SIR,
IS THERE ANY PROVISION/JUDGMENT FOR REOPEN THE RIGHTS TO FILE W/S AT THE STAGE OF EVIDENCE OF DEFENDANT PERTICULARLY WHEN THE RIGHT IS CLOSED EARLIER AT THE STAGE OF W/S AND THE COURT IS NOT MADE EXPARTY ORDER

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B K Raghavendra Rao (Expert) 09 February 2010
Written Statement has to be filed within thirty days of receipt of copy of the plaint. However, with the permission of the court, on application, Written Statement may be filed within ninety days of receipt of copy of the plaint. It cannot be filed beyond that period under normal circumstances. All the courts follow this provision of law strictly. If the party or his advocate appears on the date of first hearing and puts his presence, he would not be made ex-parte even though he does not submit written statement for some reason or the other. However, he looses the right to lead his side of evidence.

Sachin Bhatia (Expert) 09 February 2010
No there is no provision to file the WS at the stage of evidence.

Devajyoti Barman (Expert) 09 February 2010
What I understand is the ex parte order can be vacated only with the submission of Written Statement . If the case is not fixed ex parte then one can always file written statement. The Supreme court long back ruled that the period of ninety days is only directory and the defendant can be allowed to file written statement if it is found that he was restrained to file so under any emergent circumstances.

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