Do we need to reply to plaintiff's "reply to defendants condonation of delay"
niky......
(Querist) 30 October 2012
This query is : Resolved
Hello Sir,
I am the defendant, and had filed a Condonation of Delay within 90 days. Plaintiff has replied back in written regarding the same and has mentioned tat Defendant shall not be given condonation.
Do I( Defendent ) - need to reply back in written to the court ?
Also the Plaitiff's adv. is asking for a cross examination of defendant, when it has been just 3 court hearings till date, is so early cross examination allowed?
Thanks.
R.K Nanda
(Expert) 30 October 2012
u can file ur rejoinder.
no need for ur X at this stage.oppose it.
Devajyoti Barman
(Expert) 30 October 2012
No you need , otherwise the chain would continue.
What is current status of the case and what for the condonation of delay?
ajay sethi
(Expert) 30 October 2012
you mean to say condonation of delay for taking written staement on record . you must have taken out notice of motion . defendant must have filed reply , no need to file rejoinder . . cross will take time . after your WS is taken on recird on condonation of delay then issue would be framed etc
V R SHROFF
(Expert) 30 October 2012
Usually condonation for delay will be allowed. No need to reply it. Only on your submission of WS, that question of cross examination comes, that too after filing exam in chief.
niky......
(Querist) 30 October 2012
Thank you all for your advice. Just to make my doubt more clear and give the context...
Plaintiff had filed a case on me regarding rented house(on my name) in which I am staying for almost 50 years and in recent years i have been moving to and fro to my unmarried daughters home at another place(this place is in name of my daughter), but plaitiff(landlord) has filed the case that i dont stay in suite premises and i stay with my daugher.
I (Defendant) had filed the Delay of condonation of 90 days and also filed my WS at the same time.
Now the plaintiff's adv. replied to me(defendant), and in that reply he had mentioned some false things.
So my Question was,
1) do i need to reply back to 'his reply'?
2) plaintiffs adv. has stated that he wants to cross examine me , which seems too early so how shall i avoid that?
Thanks for your advice and help.
V R SHROFF
(Expert) 17 February 2013
Opp Adv want to proceed further without your WS, so that he get Advantage;
Once your WS condonation is ordered, issues will be framed, and only after issues, that Chief & cross will start.
