Written statement

This query is : Resolved 

Online (Querist)
20 February 2012

In partition suit defendant 1 to 3 filed combined written statement and denied all the contents of suit later on defendat 2 and 3 changed their advocate and filed additional w.s.and admits the claim of plaintiff.whether the additional w.s. of defendant is legal and admissable in evidence.

Sachin Bhatia (Expert)
20 February 2012

If the earlier Written statement was signed by them then second written statement is vague.

Ghanshyam Prasad (Expert)
20 February 2012

Admission made in addl w.s.is binding upon answering def.contact for more details.

Kiran Kumar (Expert)
20 February 2012

they must have appended some reasons for change in stand

what were the reasons mentioned there in?

venkatesh RaoOnline (Expert)
21 February 2012

It is permissible u/o 8 rule 9 of cpc. with the leave of the court. The latter ws prevails.

Raj Kumar MakkadOnline (Expert)
21 February 2012

I firmly stand with the advice of Rao. Without obtaining prior permission no additional WS can be filed and after due permission the second is binding for all.

V R SHROFF (Expert)
22 February 2012

Amendment is allowed . with leave of court,
and 2nd WS is binding thereafter.
This matter shows a settlement reached between plaintiff and D2 D3.

So it is admissable in evidence

WS Favoring Plaintiff, so who will Object?? Amendments allowed for d2d3.

Adinath@Avinash PatilOnline (Querist)
22 February 2012

Thanx to all experts.
If deft no.2 and 3 not filed application for seeking prmission to file addl w.s. and filed addl w.s. what is the effect of said addl w.s.

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