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Legal advice about a revived case from Ex-Parte status
12-Aug-2023 (In Recovery Law)
Saket Courts, New Delhi -(Civil suit No. 210017/16) History of the case: This case was filed by plaintiff for recovery in Delhi high court but was transferred to district court due to amount jurisdiction limit. And here we could not go to lower court. Current status is that the plaintiff`s witnesses have given their witness in defendant`s absence and case had come for final argument before revival from ex-parte status. Now case has been revived after our application from ex-parte status In this case - Defendants want following goals. Please tell will it be possible or not: 1.Defendants want to add its list of witnesses and want to bring one more defendant in this case whose right for WS has already been closed in the beginning. Shall we need to approach High court for this or this district court can do this? 2.Now defendants want correction in defendants nos. -which is currently 3 instead of 4 and mistake did by our lawyer and plaintiff also followed the same sequence.
Hello
Yes another party can be impleaded in the present suit subject to a filing an application. Also, list of witnesses can be added in the same manner. However the queries can be more clear after going through previous orders of the court.
Yes another party can be impleaded in the present suit subject to a filing an application. Also, list of witnesses can be added in the same manner. However the queries can be more clear after going through previous orders of the court.
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Adv. Abhishek Yadav
Delhi | 25+ Answers
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Please see that since the case has come up for final arguments, nothing can be done. Also please inform the conditions that were imposed while reviving the right and whether your written statement is there on record or not. If your written statement is also not on record and the right to file the same has been closed and no corrective action has been take thereafter, then the case is hopelessly bad.
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Adv. Shantanu Rastogi
Delhi | 25+ Answers
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In case the district court does not allow your prayer on filing of appropriate applications for adding list of witnesses and for WRitten statement, then you can approach High Court in order to get the same allowed. With regard to no of defendants you will have to file amendment of plaint with reasonable grounds and argue the same.
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Adv. Shreshth Jain
Delhi | 100+ Answers
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Hello, Please find below the answers to the questions that have been asked by you:-
1. Yes, you may file your list of witnesses but only after filing an appropriate application before the court for seeking the right to cross examine the witnesses whom you want to cross examine and that application would also be accompanied by the reasons on the basis of which you want to cross examine those witnesses .
With respect to the defendant whose right to file WS is closed, If you want him to bring any document before the court then you may file an appropriate application regarding the same, if you wamnt him to examine then you may also examine him as a witness (Please specify). You need not to approach High Court for the same, all these things may be done before the Trial Court only.
2.Your second question is not very much clear in nature.
1. Yes, you may file your list of witnesses but only after filing an appropriate application before the court for seeking the right to cross examine the witnesses whom you want to cross examine and that application would also be accompanied by the reasons on the basis of which you want to cross examine those witnesses .
With respect to the defendant whose right to file WS is closed, If you want him to bring any document before the court then you may file an appropriate application regarding the same, if you wamnt him to examine then you may also examine him as a witness (Please specify). You need not to approach High Court for the same, all these things may be done before the Trial Court only.
2.Your second question is not very much clear in nature.
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Adv. Abhimanyu Goel
Delhi | 25+ Answers
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