SC: Party Whose Right To File Written Statement Is Forfeited Cannot Introduce Its Case Indirectly Through Evidence

The Supreme Court in the case Kaushik Narsinhbhai Patel & Ors. Versus M/s. S.J.R. Prime Corporation Private Limited & Ors. observed and has held that a party whose right to file a written statement in a case has been forfeited cannot introduce his case indirectly through evidence or written submission.

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The court stated that such party can still participate in the proceedings and cross-examine the complainant, but cannot indirectly introduce his case.

The bench comprising of Justice CT Ravikumar and Justice Sanjay Kumar in the case observed and has stated that in the absence of any specific provisions dealing with non-filing of written statements or forfeiture of the right for filing a written statement, while taking note of the general position as above, 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 or his case and evidence to support such kind of case.

The court stated that the right of the opposite party is confined for participating in the proceedings without filing a written statement and to cross-examine witness(es), if any, examined by the complainant(s).