What happens When defendant does not file written statement or does not appear ?
When defendant does not file written statement or does not appear , it has been held in Disney Enterprises Inc. & Anr. v. Balraj Muttneja & Ors.,2014: DHC:964 that leading formal evidence would not be required where the Defendant has not appeared in matter or filed a written statement.The relevant portion of the judgment is set out below:
“5. The plaintiffs, despite having been granted sufficient time and several opportunities, have failed to get their affidavits for leading ex parte evidence on record. However, it is not deemed expedient to further await the same and allow this matter to languish, for the reason that I have in Indian Performing Rights Society Ltd. Vs. Gauhati Town Club MANU/DE/0582/2013 held that where the defendant is ex parte and the material before the Court is sufficient to allow the claim of the plaintiff, the time of the Court should not be wasted in directing ex parte evidence to be recorded and which mostly is nothing but a repetition of the contents of the plaint.”
Disney Enterprises Inc. & Anr. v. Balraj Muttneja & Ors.,2014: DHC:964,
This is a judgment often referred to when defendant does not file written statement or enter appearance. This is for the purpose that no judicial time is wasted as asking for ex parte evidence would require more dates and more hearings which are not required. In order to save time most courts rely upon the aforementioned judgment .
It is rightly held that asking for ex parte evidence is nothing but repetition of contents of plaint. In case of any queries kindly click here
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