Even if a defendant does not file a written statement and the suit is ordered to proceed ex parte against him, the limited defence available to the defendant is not foreclosed.
A defendant can always cross-examine the witnesses examined by the plaintiff to prove the falsity of the plaintiff’s case, says the Supreme Court (SC) in Ranjit Singh & Another v State of Uttarakhand Others [2024 INSC 724].
It was a case where an ex-parte order was passed against the defendant due to the defendant’s failure to record its appearance.
After that, the defendant filed an application entailing the defences against the passing of an ex-parte order. The plaintiffs also applied to strike out the defendants’ defense.
The plaintiff’s application was heard by the court and decided against the defendant denying him the right to file a reply to the plaintiff’s application seeking the striking down of the defences urged by the defendant.
That means even if the defendant’s right to file a written statement stands extinguished, it would not foreclose the defendant’s right to lead evidence based on the plaint and the evidence led by the plaintiff. And the defendant can cross-examine the plaintiff or its witnesses who deposed on behalf of the plaintiff.
Reference
- Ranjit Singh & Another v State of Uttarakhand Others [2024 INSC 724]
