Counter to ia and reply to written statement
RAMJI
(Querist) 02 March 2013
This query is : Resolved
In a civil suit for partition, 1 plaintiff and 8 defendents. 6 of them (d3 to d8) are set exparte. After 9 months D1 & D2 filed W/s . Just one day before W/s, D2 filed a I.A TO REJECT PLAINT.
Plaintiff is planning to file COUNTER AGAINST I.A....on perusal plaintiff found that WRITTEN STATEMENT OF D1 & D2 ARE GENERIC WITH NO SPECIFIC DENIAL AND PROOF /DOCUMENTS IN SUPPORT OF DEFENCE STAND while on this pls advise on following:
1. Should the plaintiff file counter against I.A at first instant itself?
2. After filing counter against I.A should the plaintiff file a separate application for REPLY TO W/S of D1&D2
OR
3. Can the plaintiff file both COUNTER + APPLICATION FOR REPLY TO W/S on the same day/time?
4. Kindly advise on relevant section of CPC dealing with APPLICATION FOR REPLY TO W/S
5. Also pls cite if there is any specific format on Application for Reply on W/s
6.Any other views pls
Thanks & Regards
Ramji
R.K Nanda
(Expert) 03 March 2013
file rejoinder and counter on same day.
no need to file any application.
RAMJI
(Querist) 03 March 2013
Dear Mr Nanda sir
Thanks
Ramji