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valentine (Advocate)     25 October 2010


In the Family Court, application for closing the Sate of WS of the opponent was given as the WS was not submitted since 3 years in a Divorce Case. The family court rejected the application on the ground that the case was transferred from the Dist. Court 6 months back on creation of the Family Court. The opponent has not appeared and presented/got represented his case. The Family Court cannot close the defence without hearing the party. 

Here my question what is the value of O VIII R 1 wherein it is stipulated to submit the WS within thirty days and not later than 90 days. Only under extraordinary circumstances the court may accept WS after 90 days. However, in the present case the application was turned down by a written order. Any recourse?


 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 October 2010

order is passed by the court that case transferred to dist., court, hence ws is not filed. When there is no case with that court how come order is passed by the court. If the case is transferred to the dist., court then try once again to file ws. If the ws is rejected then you will to file a writ

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