Rejoinder
kinjal pakoli
(Querist) 28 February 2013
This query is : Resolved
There are 2 defendant in this high court civil suit, which is recently transferred to city civil court.
defendant No 1. has filled written statement but almost after 1 year of civil suit was filled by plaintiff.
defendant No 2. has still not filled written statement after 3 years of civil suit was filled by plaintiff.
my query is:
1) can plaintiff filled rejoinder after submitting written statement by defendant
and under which CPC provision?
2) can defendant No.2, submit written statement on this stage or here after?
3) since last two date defendant and his advocate are absent. what would be the impact of such absence?
prabhakar singh
(Expert) 28 February 2013
1.There is no particular provision in the C.P.C which provides filing of a reply to a written statement,it is always filed after leave of the court,requested orally or by application and would be covered by section 151 of the Code.
2.If defendant no.2 is duly served in the case,the position would be governed by ORDER VIII,which reads as: [1. Written statement....
"The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence.
Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.]"
3)Plaintiff should plead court to proceed ex parte against him .
R.K Nanda
(Expert) 01 March 2013
1.yes.
2.yes.
3.pray to court to pass exparte orders against him.
