Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravikant Soni (LAWYER IN JAIPUR)     11 August 2010

can a defendent be heard after closing of w s

In my case one of defendant not filed written statement. The Court has closed the opportunity  to file WS.

Now my query is can defendant join subsequent proceedings?? If not please suggest top references.



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 August 2010

Definately the deft can participate in the subsequent proceedings. However his cross-examination of the plaintiff and his witnesses shall be restricted only on law points.


(Guest)

Mr.Soni, its always important to putforth the objections by means of a Written Statement to the Plaint in the suit. Unless Written Statement is filed, there is no point in contesting the remaining proceedings. Hence you may advise your client to first file the Written Statement with a condone delay Petition and see that the Written Statement is accepted in the case. May be the petition will be allowed on costs. That doesn't matter. Your client let pay the costs and enter his objections with the available Documents on hand. There are a number of judgments of the higher courts giving lenience to the litigants to putforth their defences even after 90 day period is over.

Ayub S. Pathan (Legal Adviser)     11 August 2010

Mr. Soni,

I agree with Archana and Rao. GO ahead.

Best Luck.

adv. rajeev ( rajoo ) (practicing advocate)     12 August 2010

I agree with Archana

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 August 2010

He can be a part of the case but can not cross examine the plaintiff with different subject as to the denial which he not made through Written statement. scope is very limited

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 August 2010

But even later than late stage the defendent can file application for submission of WS and for setting aside of the order of  NO WS if passed. At the most court will award costs to other side depending on delay.

If now allowed the defendent can go for revision / appeal in this issue alone.

The SC has always taken libral attitude on such matters since the law and procedures must be used for dispensing justice and  should  not be used for denial of justice.

However the defendent will have to agitate before various forums if not allwed by lower forum.

penjuri venugopal (Advocate)     13 August 2010

I agree with rao


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register