Written Statement

Written Statement – Defendant had filed the written statement which was duly signed by him – Plaint allowed to be amended – Case was adjourned for filing the written statement to the amended plaint and the written statement was filed – Error in the name of the person filing the written statement – Error came to their notice at a very late stage of the trial and they were wanting to sign the written statement already on record at the stage of rebuttal evidence - The issue under consideration would thus be, whether at a later stage of the case, legal heir of defendant can be permitted to sign the amended written statement already filed when the case is at the last stages – Rejection of the prayer to sign the written statement and to file the affidavit in support thereof was erroneous and the order deserves to be set aside.    Usha Thareja v. Ravinder Partap Thareja. (2018-2) PUNJAB LAW REPORTER 

 

Written Statement – Filing of – Even assumed that he was remiss in pursuing his cause and failed to file the written statement despite having been granted one last opportunity, the fact remains, that if he is not granted one last opportunity to file the written statement he shall suffer an irreparable loss and injury - Particularly, as the learned counsel for the petitioner submits that the written statement shall now be filed on the date already fixed in the suit – Permitted to file written statement. (2018-3) PUNJAB LAW REPORTER