Short Note : The legal position is that a defendant who has not filed his written statement and has been proceeded exparte under O.9, CPC can always participate in the further proceedings and cross-examine the plaintiff on the case of the plaintiff himself and can also adduce evidence to deminish the case of the plaintiff in rebuttal, but, in the absence or any written statement having been filed, cannot adduce evidence for setting up any defence. Under these circumstances, it is directed that the defendant will be fully entitled to cross-examine the plaintiff and his witnesses on the case put up by the plaintiff himself. The defendant will also be entitled to lead evidence to rebut the case of the plaintiff on the allegation made by the plaintiff himself. He will, however, not be entitled to adduce evidence so as to put forth any defence, which, admittedly, has not been taken by him by filing written statement. Under these circumstances, the order impugned is modified to the extent indicated above.