Setting Aside No Written Statement Order
Setting aside no written statement order or hearing without written statement order passed against the defendant.
Click here to download the format of setting aside no written statement order;
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.
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.
Defendant No. 3
Click here to download this format of setting aside no written statement order;