Civil Case: Regarding money suit
Case facts:
1.Plaintiff (plaintiff is a Trust )said that rent not paid by defendant for last six month and paid some amount as donation
2. Defendant said that he already paid rent for even next 12 months in advance and also paid security deposits. i.e. not as donation but security deposits..
3. However reciept did not disclose security deposit or donation but disclose about the amount which is true...
4. Now first plaintiff filed case but not disclose all things,,on that defendant filed written statements(with original receipts) disclosing all the facts and also filed set off (order 8 rule 6 cpc) of amount of next 12 months and secuirt deposits .
5. Then plaintiff filed rejoinder disclosing more facts and also some documents but not original but xerox alleging the signed documents of defendant....
6.Defendant ask the court under sec-151 to give order to plaintiff to file original document and also to give permission to defendant file reply of rejoinder of plaintiff which is disclosing additional facts.
however trail Court rejects the application filed by defendant...
now queries are
(i) court has failed to understand the facts that plaintiff has given additional facts in rejoinder and for defendant must be given an opportunity to file reply of rejoinder of plaintiff ? or not?
(ii) since court has dismissed the application under sec-151 of defendant what are his remedy ?
(iii) is there any way in cpc (order or sections) which say that plaintiff must add original document although he had added xerox but not certified
(iv) how can defendant reply to xerox documents which according to plaintiff handwritten by defendant but defendant said them forge and fabricated
