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REOPEN THE RIGHT OF W/S

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
Parveen Kr. Aggarwal (Expert) 09 February 2010
The trial court does not have the power to recall its order striking off defence of the defendant. However, if the right of the defendant to file written statement is closed (defence of the defence is struck off), then the suit cannot reach the stage of evidence of defendant because in such case, the defendant cannot lead any evidence.
Jithendra.H.J (Expert) 10 February 2010
ws can be filed by seeking permission of the court, there are heaps of judgments
Parveen Kr. Aggarwal (Expert) 13 February 2010
Mr. Jithedra HJ would you please quote citations of such Judgments.


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