Right to file w/s

pawan kumar (Querist) 17 March 2012 This query is : Resolved
eviction case is filed ag. me for non payment of rent. i put in appearance after summons were served on me.therafter i didnot file w/s despite court levied costs. case was posted for ex-parte evidence. and i moved an application to set aside exparte evidence. plaintiff agreed and court set aside exparte evidence does it mean i have got right to file w/s also. while setting aside exparte evidence court posted the case to consideration and assessment of rent

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Arvind Singh Chauhan (Expert) 17 March 2012
Definitely you may file W.S.

Advocate Bhartesh goyal (Expert) 17 March 2012
After setting aside ex-parte order,your case was fixed for determination/assessment of rent so you have to seek permission to file written statement from court.

venkatesh Rao (Expert) 17 March 2012
Once you put in appearance either in person or through an advocate, you cannot be placed exparte. Evidence recorded will not be set aside. You will be permitted to file WS. After that issues are framed. If the plaintiff has no more to say in chief, you have to cross him on the evidence recorded earlier.

Raj Kumar Makkad (Expert) 18 March 2012
You shall have to make the payment of arrears of rent first which shall be determined on the next date of hearing followed by your written statement and issues and then evidence of both sides.