Filing of written tstatement by defendent
pawan kumar
(Querist) 09 March 2012
This query is : Resolved
due to non appearance of defendent his right to file w/s was struck of and case was posted for exparte evidence ofplaitiff. defendent moved an application for setting it aside. to which i agree. will this case will start from beginning. can defendent file w/s now.
R.K Nanda
(Expert) 09 March 2012
Yes,now defendant can file WS but why u allowed it.
Kirti Kar Tripathi
(Expert) 09 March 2012
yes, defendant has a right to file W.S.. It ex-parte proceedings are set aside, the case restarts at the stage, where it was proceeded Ex-parte.
Ghanshyam Prasad
(Expert) 09 March 2012
Yes,deft would get opportunity to file w.s.
SAINATH DEVALLA
(Expert) 10 March 2012
Dear Mr.Pawan,
The case details are not available.The purpose of your case is defeated when you accepted the written statement of the defendent.You have given him a chance,even after exparte was awarded to you.
pawan kumar
(Querist) 10 March 2012
dear experts, my advocate advised me to agree to setting aside of exparte evidence failing which their will be contest leading to further delay. to check delay it was agreed for setting aside of exparte decree.
RAJU O.F.,
(Expert) 10 March 2012
As now permitted by the court, the defendant can file W/S and the proceedings will continue from that stage.
dev kapoor
(Expert) 11 March 2012
Hi,
There is vast difference between 'ex parte proceedings/order/judgment AND Striking DEFENCE'. The two stage are again vouch-safed by two different provision of the CPC.Whereas in the first case 'ex parte can be set aside on showing sufficient caused required under the relevant provision,the striking of defence is absolute & the same Court ought not reverse its own order.In fact such order can be set aside only by a revisional court or an appellate Court only.The same court cannot sit as a Revisional or appellate court on its own orders.
I am afraid even if you admitted to the setting aside of 'ex parte' proceeding matter does not end.If you are properly guided.
You better ask your advocate to be careful in future,if he is not experienced.
Maybe that in your case it was only ex parte & NOT striking of defenece.In latter case a wriong procedure has been adopted even the court itself.If it is the farmer,it is OK.
