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Need understanding on what does 'Hearing Without W.S.' mean?


27-Feb-2023 (In Property Law)
Hello , I have a regular civil suit filed on a person who illegally occupied my property. 6 Hearings have gone and the defendant's lawyer only showed up once in 2nd last hearing and in the latest hearing he didnt come. So the judge has mentioned to proceed with 'Hearing Without WS'. What exactly happens here and does this go in my favour? Can the defendant's negligence and regular absence ensure in anyway that the case is in my favour.
Answers (4)

Answer #1
809 votes
Hello! Hearing without w.s basically means that 'hearing without written statement' which is filed by the other party to defend himself against the allegations put up. In that case the decision can turn in your favour only if the other party fail to give a genuine reason for not filing a WS.
Answer #2
594 votes
Yes if you gad filed this suit and No one had appeared in that case you have to lead evidence as if court had had passed no say order. But defendant can set aside that order and can file his or her written statement.
Answer #3
625 votes
Hearing without written statement means the defendant has been disallowed to file its say or defence in the matter however you are allowed to attend the proceedings if you wish to reverse that order against you you shall need to file an application for the same
Answer #4
481 votes
In the context of legal proceedings, "WS" stands for "Written Statement." A Written Statement is a crucial legal document filed by the defendant in response to a plaintiff's complaint in a civil case. It serves several important purposes:
  1. Response to Allegations: The Written Statement allows the defendant to formally respond to the allegations and claims made by the plaintiff in their complaint. It outlines the defendant's position regarding the issues raised in the lawsuit.
  2. Legal Defense: Within the Written Statement, the defendant can present their legal defenses, which may include denials of the plaintiff's claims, admissions, or counterclaims if the defendant believes they have a valid legal argument against the plaintiff's allegations.
  3. Preservation of Rights: Filing a Written Statement is a legal requirement in civil cases. It ensures that the defendant preserves their right to present their case and defenses in court. Failure to file a Written Statement can have adverse consequences for the defendant's case.
  4. Clarification of Legal Dispute: The Written Statement clarifies the legal dispute between the parties. It helps both the court and the involved parties understand the issues in contention and paves the way for further legal proceedings.
  5. Setting the Stage for Trial: The content of the Written Statement shapes the subsequent course of the legal proceedings. It forms the basis for the legal arguments and evidence that will be presented by both parties during the trial.
In essence, "WS" or "Written Statement" in court refers to the formal written response submitted by the defendant in a civil case. It is a critical step in the legal process, allowing the defendant to address the plaintiff's allegations and present their legal defenses, thereby shaping the course of the case.
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