Civil

zara (Querist) 06 May 2013 This query is : Resolved
There are 2 defendant in this high court civil suit, which is recently transferred to city civil court in which Plaintiff has not filled any rejoinder / reply to defendant reply till date.

defendant No one's power of attorney holder 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) on this stage of suit can plaintiff fill rejoinder / reply to defendant's reply?

2) can plaintiff fill rejoinder/reply to written statement filled by defendant and under which CPC provision?

3) can defendant No.2, submit written statement on this stage of suit or here after?

4) injunction plead is still pending.

5) since last two dates defendant and his advocate are absent. what would be the impact of such absence?

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Devajyoti Barman (Expert) 06 May 2013
1,. This is called replication which is not required unless there is gross error on record to set it right.
2. Order 8.
3.Yes but after proper explanation of delay.
4. ask for its hearing.
5. then matter should have been fixed for es parte.

Are you an advocate or intern?