No counter by bank- issues

This query is : Resolved 

10 March 2019

Sir, Is there any procedure to make the opponent (Here, in my case, Bank) file the counter (Bank did not file the counter for the last one year) so that the case can reach for final argument position?? Or can I request the Hon'ble Judge that since Bank has not filed counter, Can the case be finalized by the Hon'ble Judge considering absence by the Bank??

Suhail suhail (Expert)
11 March 2019

To follow..

Suhail suhail (Expert)
11 March 2019

You mean to say that the defendant bank is not filing the reply./written statement. If the service is complete and they have been served properly then you can ask the court to proceed ex prate against them and get the decree.,though that would be challenged even at the execution stage. There are procedures and you must make confirm with your lawyer about the steps to be taken to get the case settled. however you have not detail of your case here.

P. Venu Online (Expert)
11 March 2019

What is the nature of the case? Is it a suit or a WP? If a suit, the defendant could be non-suited if Written Statement is not filed within the time permitted. If a WP, it is not necessary that the respondent ought to file before the matter could be kept for hearing.

Dr J C VashistaOnline (Expert)
12 March 2019

What is the type of case/ writ ?
Disclose all relevant facts for proper analyses and oblige.

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