Reply
sk..........
(Querist) 15 June 2013
This query is : Resolved
In civil suit for injunction plaintiff wants to file reply to the defendants written statement , what is the heading to be mentined and section
ajay sethi
(Expert) 15 June 2013
no further reply is to be filed to written statement .
Adv Archana Deshmukh
(Expert) 15 June 2013
There is no such provision in the CPC to file reply to a written statement.
Anirudh
(Expert) 15 June 2013
That is called "REPLICATION". If some of the points mentioned in the written statement needs to be clarified / denied, the plaintiff can file such a replication. (Both Mr. Ajay Sethi and Adv. Archana are correct as according to CPC the pleadings get complete with the plaint and written statement).
R.K Nanda
(Expert) 15 June 2013
file replication to WS.of defendants.
Adv Archana Deshmukh
(Expert) 15 June 2013
@ Anirudh ji and R.K.Nanda sir
Will u plz tell the provision of filing replication after filing of WS in a civil suit as mentioned by you? I mean which section, order, rule of CPC permits it? or where it can be found? I would like to know, or still better if any one can plz reproduce the provision here..
Thx
Dr. Jyothi Vishwanath
(Expert) 18 June 2013
No reply to written statement is possible.
The contents of the written statement can be contradicted and falsified by leading evidence.
Raj Kumar Makkad
(Expert) 19 June 2013
There is no legal provision as asked for.
Adv Archana Deshmukh
(Expert) 19 June 2013
I was expecting some reply from Anirudh ji and Nanda sir.....
Bcoz I also haven't come accross any such provision till today, but as both of them adviced to file 'Replication' to WS in a civil suit, I wanted to know the provision about it from them, so that it wud add to my knowledge..
Anirudh
(Expert) 24 June 2013
Dear Archanaji,
Pl. wait, I am working on that. Take it from it is a practice. In fact, courts themselves grant time for filing of rejoinder / replication. All that i have to now do is search for the exact provision, and I am already on the search. I will let you know the moment I find out an answer.
prabhakar singh
(Expert) 24 June 2013
1.It is true that there is no provision in C.P.C. or elsewhere about filing of a REPLICA
Originally called Replicatio - In the civil law and old English pleading, the plaintiff's answer to the defendant's exception or plea; corresponding with and giving name to the replication in modern pleadings.
2. Replication - In common law pleading, a reply made by the plaintiff in an action to
the defendant's plea or in a suit in chancery to the defendant's answer.
3.In equity practice (now obsolete in the federal and most state courts), a general
replication is a general denial of the truth of defendant's plea or answer, and of the sufficiency of the matter alleged in it to bar the plaintiff's suit, and an assertion of the truth and sufficiency of the bill.
4. A special replication is occasioned by the defendant's introducing new matter into his plea or answer, which makes it necessary for the plaintiff to put in issue some additional fact on his part in avoidance of such new matter.
5.Indian courts still follow the practice and do allow it to be filled even on oral request.
6. A replication is different than reply a plaintiff is required to file in reply of a counter claim or set off or counter claim of defendant which is called REPLY.
7.A rejoinder can occur in common-pleading, the second pleading on the part of the defendant, being his answer to the plaintiff's replication. Rejoinder occurs during the trial stage where the defendant answers the plaintiff's rebuttal.
8.This is all about jurisprudence of these
terminologies in my knowledge.
