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rajiv_lodha (zz)     13 January 2014

Order 12 rule 5

I want to use order 12 rule 5 of CPC to the best.

 It calls for admission of facts in writing. Lawyers have ver less experience with it, theuy usually take beated track. Girls put false allegations in their petitions/replies which are very easy to tear apart, but process needs u 2 wait till her CROSS to get relief.

If order 12 rule 5 is used effectively & timely, it may chnage the game; what I think, but have very limited practical knowledge. For now plz guide:

1) At what stage this application may be filed? In a civil case, when petition copy is received by the respondent, can he put this application befor filing his reply?

2) Any relevent judgments that it has to be decided 1st; before main case proceeds.

I have formed watertight questions and believe f she admits certain things in writing at ver initial stage, her petition will lose maintainability.

Plz hel!



Learning

 4 Replies

rajiv_lodha (zz)     14 January 2014

Answers please!

rajiv_lodha (zz)     15 January 2014

Answers please!

adv.raghavan (Advocate,9444674980)     15 January 2014

before framing of charges petition under order 12 rule 5 has to be issued. It will considered as an I.A

rajiv_lodha (zz)     16 January 2014

But in CIVIL cases, FRAMING OF CHARGES DOES NOT HAPPEN


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