In Brief
The Supreme Court examined whether a High Court was correct in refusing to restore a suit after an ex-parte decree was set aside by a lower appellate court, solely because the defendants had not filed a written statement. The Court held that failure to file a written statement does not render the restoration of a suit futile. Defendants may participate in the suit proceedings, cross-examine witnesses, and make submissions on merits, though they cannot file a belated written statement after multiple opportunities were denied. The High Court's order was set aside and the First Appellate Court's restoration order was restored. The appeal was partly allowed.
The lawyer headnote and full judgment text are available to registered users.