Advocate Bhartesh goyal (advocate) 10 August 2023
No but opposite party can cross examine plaintiff's witnesses..
Real Soul.... (LEGAL) 10 August 2023
When there is no W/S how can you raise the issues and prove or dis-prove them; you have to wait for w/s
P. Venu (Advocate) 10 August 2023
What are the facts? What is the context? To my knowledge, the defendant(s) not filing written statement would be set ex-parte.
T. Kalaiselvan, Advocate (Advocate) 11 August 2023
If written statement is not filed then the court will set the defendant exparte and you can get an exparte decision.
N.K.Assumi (Advocate) 11 August 2023
I share the same view with the expert T. Kalaiselvan, Advocate (Advocate)
Dr. J C Vashista (Advocate and Legal Consultant) 11 August 2023
Why WS was not filed and what are the court orders in consequence thereof ?
No comments can be offered on the basis of assumed facts.
Akshay (Advocate) 17 August 2023
If the opposing party has not filed a written statement within the stipulated time frame, they are considered to be in default. However, the specific rules and procedures can vary based on the jurisdiction and the court. Here is a general overview of what can happen if the opposing party fails to file a written statement:
Default: When the opposing party (defendant) fails to file a written statement within the prescribed time, the court may proceed with the case based on the facts as presented in the plaintiff's pleadings (plaint) and documents submitted along with the plaint.
Ex-parte Proceedings: The court might proceed with ex-parte proceedings, meaning the case is being heard in the absence of the defaulting party. This doesn't mean that the defaulting party loses automatically, but the court would primarily rely on the plaintiff's evidence.
Evidence: In some cases, if the defendant fails to file a written statement, the court may permit the plaintiff to present evidence to support their claims. This evidence could include documents, affidavits, and witnesses. However, whether this is allowed and to what extent can depend on the specific court and the circumstances of the case.
Application by Defaulting Party: In some instances, the defaulting party might file an application to set aside the order of default and seek permission to file a written statement. The court will then consider whether to allow this based on the reasons presented by the defaulting party.
Order VIII, Rule 10 CPC: This rule states that if the defendant fails to present a written statement within the time allowed, the court may pronounce judgment against the defendant or make such order in relation to the suit as it thinks fit. This rule gives the court discretion to proceed based on the material before it.
Order VIII, Rule 5(2) CPC: This rule allows the plaintiff to adduce evidence if the defendant fails to file a written statement. The court may permit the plaintiff to prove their case on the basis of evidence, if any, led by them.
Order XVII, Rule 2 CPC: This rule states that if either party fails to appear on the day fixed for the hearing of the suit, the court may proceed with the case ex-parte.
While these sections provide a framework for how the court might proceed when the defendant fails to file a written statement, they don't explicitly address the scenario of the defendant filing evidence affidavits without a written statement. The court's approach in such cases can vary based on its interpretation of these sections and the specific circumstances of the case.