Recovery case.

Advocate M J (Querist) 28 October 2011 This query is : Resolved
Good Evening Respected Members.

In a recovery case after the defendant filing the objection. wht is next action taken by the plaintiff lawyer. is the case proceed with evidence or the plaintiff lawyer has to file a counter statement of the objection filed by the defendant.

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Raj Kumar Makkad (Expert) 28 October 2011
If any new fact has been brought on file by defendant then it is proper to file replication with the permission of court otherwise let the fixed for evidence after framing of issues.

prabhakar singh (Expert) 29 October 2011
REPLICAS may be filed only in cases when defendants pleads some new fact not connected
or explored in suit,otherwise let the suit proceed for issues and final hearing.

dev kapoor (Expert) 29 October 2011
Hi,
Xperts opinion is good.But I further suggest that you still have the option to gho for "admission' 'Denial' in terms of O:8,R:10 CPC before framing of issues.It is always advisable in civil suits particular RECOVERY MATTERS where documentary evidence is much more than the oral.

Raj Kumar Makkad (Expert) 29 October 2011
There is no denial for proceeding of Admission and Denial Kapoor ji. It is inherent proceeding.

prabhakar singh (Expert) 29 October 2011
dEAR mR.dEV kAPOOr!

A serious doubt arises in my mind that you really do remember the provisions contained in order 8 rule 10 of C.PC. at the time of your advise advanced here.

i am reproducing the provision as your refresher:

"[10. Procedure when party fails to present written statement called for by Court.

Where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order relating to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up."]."

Needless to say here in the case in hand WS has been filed.

Had it been your advise to serve upon defendant for 'interrogatories'under order
XI of C.P.C. I could have considered that a
a wise input to my and Mr.Makkad's advises.I missed to add only for want of facts in the case and kept confined with the query.

M V Gupta (Expert) 29 October 2011
Replicas may be filed in order to explain or deny any counter or false statements or new facts mentioned in the WS filed by the Defendant and also bring on record additional documentary evidence to support the Plaintiffs case. This would help in framing the correct issues to be decided in the suit.

Guest (Expert) 29 October 2011
From your querry one has to presume that it is a summary suit u/o. 37 cpc. It seems that instead of filing leave to defend, the defendant has filed objection. In such case, the objection ought to be suitably replied by plaintiff.

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