Evidence accepted by court from defendant who defaulted on counter statement

In matters before the Court, your advocate is the best person to give advice. Moreover, the facts posted are vague and insufficient to form any opinion.

Facts posted are vague and not clear.

If you are not satisfied with the lawyer engaged by you, it is better to consult another local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.

3. *False affidavit*: The defendant has allegedly lied on affidavit, which is a serious offense. Despite these deficiencies, the court has accepted the defendant's request to lead evidence. This raises several questions:

 1. *Court's discretion*: The court's decision to accept evidence from the defendant, despite their default on the counter statement, may be subject to judicial discretion.

However, this discretion must be exercised in accordance with established legal principles.

 2. *Review of court's discretion*: You can certainly ask the court to explain the discretion it used to accept evidence from the defendant.

This can be done by filing an application or raising an objection during the proceedings.

 To challenge the court's decision, you may consider the following:

 1. *File an application*: File an application under Order 14, Rule 1 of the Code of Civil Procedure, 1908, seeking review of the court's decision to accept evidence from the defendant.

 2. *Raise an objection*: Raise an objection during the proceedings, highlighting the defendant's default on the counter statement and the inadequacies of their response.

3. *Seek clarification*: Seek clarification from the court on the reasons behind its decision to accept evidence from the defendant. It is essential to consult with a lawyer or a legal expert to determine the best course of action in this situation.

Thank you very much! Ramachary Sir 

It is not known what you mean by incorrect counter statement because if the statement filed by the defendant is inconsistent and patent error then it is beneficial to the plaintiff to easily prove his case and win the suit.

You may have to give proper details if you want proper opinion for correct solution, thus any opinion rendered based on vague questions will actually misguide you.

When the defendant did not file his / her counter statement (legally termed as "written statement") and his / her opportunity is closed, as presumed from the facts posted by you, it is in favour of plaintiff and the Court shall pronounce judgment / order and pass a decree (uncontested).

When the defendant has filed written statement and same is taken on record, without proper application, it must be challanged. 

However, the Court cannot ask the defendant to lead his /her evidence, as presumed from the facts posted by you, which are otherwise, improbable, against the prescribed procedure and unbelievable statement.

Thank You Sir