Non submission of replication by the petitioner in a probate case
ss.k
(Querist) 02 December 2012
This query is : Resolved
Sir,
In a probate case in Delhi the petitioner has failed to submit replication of the respondent even after expiry of more than 1 year. In the latest hearing the respondent raised objection in the court for not submitting replication and requested to frame issues which the Court accepted and request of the petition to give him 2 weeks time for filing replication rejected. Please advice me about the following;-(1) Whether non submission of replication by the petitioner would benefit the respondent in the trial? (2) Whether the probate case can be dismissed on this sole ground, if so please provide me the judgments of High Courts and Supreme Court (3) Whether I can move application for dismissal of the probate case if so under what provision of the CPC?
Raj Kumar Makkad
(Expert) 02 December 2012
1. It depends upon the facts fo the case.
2. No. it cannot be dismissed solely on the ground that the petitioner failed to file any replication against the written statement so judgment is possible in support of your case.
3. No. You cannot move. Let the case decied on merits.
Devajyoti Barman
(Expert) 02 December 2012
Filing of replication is only an optional method. In most cases it is not filed.
So ignore this issue anf concentrate on fighting the case n merit.
