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Regarding framing of issue in probate petition

(Querist) 09 October 2012 This query is : Resolved 
Sir,

In a Probate Case in Delhi the Petitioner for the last one year has not submitted replication of WS filed by the Respondent. Since last 3 dates, they are avoiding to file replication and the concerned court everytime listed the matter under subject heading "framing of issues". Please advise whether the respondent should now insist the court not to wait for replication and framed the issues, if so, what will be the consequences of the probate petition etc. along with related judgments please.
R.K Nanda (Expert) 09 October 2012
pray to court for imposition of heavy costs

on petitioner for giving more date to him for

filing of replication.moreover,the issuea can

only be framed after the filing of

replication, by court.
JANAK RAJ VATSA (Expert) 14 October 2012
issues will only be framed after filing the replication. so the respondent can request the court to levy heavy cost on the petitioner since it appears that they are trying to avoid the process


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