Recovery case.
Advocate M J
(Querist) 18 November 2011
This query is : Resolved
Good Evening Respected Members,
In a Recovery case :
1)u/order 8 rule 9 of C.P.C can v file a replica or rejoinder for the defendant's written statement?
2)With replica: Affidavit, verification and again the prayer must be stated, or only the objection for written statement must be stated.
3) Now the new fact must be stated in detail or only the plaintiff denies the said para is enough to be stated
4)After receiving the W/S from the defendant, in the next date can v file the replica or v need to submit a petition before the Hon'ble court to give us permission to file the replica, if so under which section of CPC v need to file a petition, to submit our replica
I request the learned members to give ur suggestion, so i can forward with the suit .
Thank u
Kiran Kumar
(Expert) 18 November 2011
you need not to mention any provision for filing Replication, the court will provide you with an opportunity to file replication.
if some new fact props up out of the WS then you may give explanation to it...the denials and acceptances must be specific.
let the replication be verified, need not to file affidavit with it.
Rajeev Kumar
(Expert) 18 November 2011
Mr. Kiran has explained well
Guest
(Expert) 18 November 2011
you can file the replication simply by denying the facts of the written statement and admitting the facts of the plaint and if some facts if additionally be required for that you can write that all in your replication, actually it is in support of the plaint which you filed in the court.
