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

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