Written Statement

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Written statement – Right closed  -  Order set aside 

Held,

Defendant’s right to file the written statement was closed by the Senior Civil Judge – Appeal allowed - Trial in the suit has not been done satisfactorily inasmuch as the defendant was not afforded an adequate opportunity to file his written statement - In the absence of any written statement, the defendant could neither adduce proper evidence nor file any documentary evidence in support of his case - Rights of the parties were, therefore, decided by the two Courts (Trial Court and First Appellate Court) by decreeing the suit and the High Court by dismissing the suit on the basis of insufficient evidence -  In our view, it caused prejudice to both the parties - Do not find any justifiable reason to deny the defendant of his right to file the written statement - He was entitled to file the written statement and to adduce oral and documentary evidence for contesting the suit on merits – Appeal allowed  -  Defendant allowed to file Written Statement and lead evidence. (2019-2)194 PLR 280 (S.C.)

 

Fair trial  -  Defendant’s right to file the written statement was closed by the Senior Civil Judge - Contesting parties to the suit must get fair opportunity to contest the suit on merits in accordance with law -  A decision rendered by the Courts in an unsatisfactory conducting of the trial of the suit is not legally sustainable - It is regardless of the fact that in whose favour the decision in the trial may go – Matter remanded -  Defendant allowed to file written statement. (2019-2)194 PLR 280 (S.C.)

 

 


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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