Close Menu
    Facebook YouTube Telegram Instagram
    Legal Katta
    • Law Articles
    • Law Notes
      • Constitution
      • Civil Procedure Code
      • Criminal Procedure Code
      • Indian Penal Code
      • Evidence Act
      • Law of Contracts
      • Specific Relief Act
      • Transfer of Property
      • Law of Torts
    • Legal Maxims
    • Legal Drafting
    • Guest Post
    • More
      • About us
      • Contact us
    Legal Katta
    Home - Legal Drafting - Setting Aside No Written Statement Order
    Legal Drafting

    Setting Aside No Written Statement Order

    AkashBy AkashUpdated:September 14, 2022No Comments675 Views3 Mins Read
    Facebook WhatsApp Telegram Twitter Pinterest LinkedIn Reddit Tumblr Email

    Setting Aside No Written Statement Order

    Setting aside no written statement order or hearing without written statement order passed against the defendant.

    setting aside no written statement order,
    Setting Aside No Written Statement Order

    Click here to download the format of setting aside no written statement order;

    Download

    In the civil suit, as per the provision laid down in O. 8 R. 1 of the Civil Procedure Code, 1908, it is stated that ‘The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence. Further, it is provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.’

    Therefore, the defendant will get a maximum period of 90 days for filing his written statement in the suit, but after 90 days, even if the defendant failed to file his written statement then the court may pass no ws order or hearing without written statement order against this defendant.

    Thereafter, the defendant needs to file an application for setting aside the order of no written statement or hearing without a written statement passed by this Hon’ble Court against the defendant.

    Also, check: Suit for Partition of Immovable Property

    The defendant can file his written statement after setting aside no written statement order. So, here we have provided the sample format for setting aside the no ws order passed against the defendant;

    BEFORE THE HON’BLE COURT OF IInd JT. CIVIL JUDGE SENIOR DIVISION AT _____.

    R.C.S. No. XXX OF 2022

    A.B.C. v/s X.Y.Z & Ors.

    Application for Setting Aside the H.W.W.S. Order

    The Defendant No. 3 Most Respectfully Submits Under As;

    1) That the above suit is pending before this Hon’ble Court and today the date is posted for the written statement of this defendant.
    2) That the written statement of this defendant could not be filed within the stipulated time of 90 days as the important and necessary documents which are required for W.S. was not received in the stipulated period. Therefore, this Hon’ble Court has passed the order of H.W.W.S. against this defendant.
    3) That the matter is in respect of immovable property and the valuable rights of this defendant in this matter. Therefore, to decide the matter on merits, it is just and necessary to set aside the order of H.W.W.S. passed against this defendant. An affidavit supporting this application is filed.

    PRAYER:

    That by allowing the application the order of hearing without a written statement passed by this Hon’ble Court against this defendant may kindly be set aside.

    Date:

    Defendant No. 3

    Place:

    Through,

    Adv. P.O.R.

    Click here to download this format of setting aside no written statement order;

    Download
    Share. Facebook WhatsApp Telegram Twitter Pinterest LinkedIn Tumblr Email

    Related Posts

    Re-Issue Summons Format And Application

    July 8, 2023
    suit for partition of immovable property, suit for partition,

    Suit for Partition of Immovable Property

    September 1, 2022
    exemption application, exemption application format, exemption application format under crpc, exemption application format under crpc in court, format of exemption application in court pdf, format of exemption application,

    Exemption Application Format under CrPC

    October 26, 2022
    Add A Comment

    Leave A Reply Cancel Reply

    Categories
    Advertisement
    Follow on Social
    • Facebook
    • Telegram
    • WhatsApp
    • YouTube
    • Instagram
    • Twitter
    Top Posts

    Registering Officer: Powers and Duties

    April 8, 2023

    Difference Between Tort and Breach of Contract

    February 8, 2022

    Law Dissertation Topics For LLM in India

    July 15, 2023

    Doctrine of Privity of Consideration Indian Contract Act

    January 30, 2021

    All Contracts Are Agreements But All Agreements Are Not Contracts

    July 5, 2023
    Advertisement
    About us

    Legal Katta is a comprehensive Legal Website covering Legal News, Law Articles, Law Notes, Video Lectures, Judiciary, LLB Notes, Case Studies, RTI

    Disclaimer

    Legal Katta intends to provide educational and informative content. Readers need to recheck the validity and accuracy of the content from their own independent sources before using any information on the website in what so ever manner. Any further reproduction or unfair use of this content by you may be the subject of copyright protection under the Digital Millennium Copyright Act (DMCA).

    Facebook Telegram YouTube Instagram
    © 2023 Legal Katta.

    Type above and press Enter to search. Press Esc to cancel.