Kaushik Narsinhbhai Patel vs S.J.R. Prime Corporation Private Limited 2024 INSC 542 – CPC – Written Statement – Consumer Protection Act

Code of Civil Procedure, 1908- Even if the defendant/opposite party failed to file a written statement and, in that matter, even if forfeiture of the right to file written statement has occasioned it would not disentitle that party from participating in the further proceedings, without filing a written statement and in such circumstances, the said party would also be having the right to cross-examine the witness(es), if any, of the plaintiff/complainant. (Para 15)

Consumer Protection Act,2019 – Practice and Procedure – In the absence of any specific provisions dealing with non-filing of written statements/forfeiture of the right to file a written statement, it can only be held that it should bar the opposite party in a proceeding before the Consumer Redressal Forums to bring in pleadings, indirectly to introduce its/his case and evidence to support such case. In the situations mentioned above, the right of the opposite party is confined to participate in the proceedings without filing a written statement and to cross-examine witness(es), if any, examined by the complainant(s). (Para 18)

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