In Brief
A plaintiff sued for a declaration of title, and the defendants failed to file their written statement despite multiple opportunities. The trial court passed an ex parte judgment against them. The appellate court set aside this judgment and restored the suit to be disposed of afresh. The High Court refused to set aside the ex parte judgment, reasoning that reopening the suit would be futile since the defendants had not filed a written statement. The Supreme Court allowed the appeal partly, holding that setting aside an ex parte judgment is not rendered futile by the defendant's failure to file a written statement. Defendants who did not file written statements may still participate in restored proceedings and cross-examine witnesses, though they cannot file a written statement retrospectively.
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