Submission of documents to defendent for filing replication
Tripathi
(Querist) 13 May 2018
This query is : Open
Dear Sirs,
Namaskar,
My neighbor has filed a Civil Suit against us making allegations on water leakage etc. It is DDA (Delhi Development Authority) flat in Delhi wherein Ground + four floors are in one stack, I am living in the 1st floor and my neighbor is living in the ground floor.
On receipt of summon, we attended the court and highlighted that the documents received is not legible. The Court ordered the Plaintiff to give all the documents to us as legible one. However, the plaintiff has given only the photographs (legible) but crucial documents like site plan, copy of the complaint letter given to the authorities were not given.
Suspecting foul play, we inspected the file. The site plan submitted to the Hon'ble court itself is not legible and hence the plaintiff is avoid giving the legible copy to us. Further, the complaint letter addressed to the authorities about the leakage given to us was not the same that was submitted in court ( the court document refers an additional handwritten foot note which was referring the earlier complaint letter but what was given to us was not having he footnote.). Now the questions:
1. Without giving proper legible documents which are crucial to the case (like site plan , complaint letter etc) to the Defendent., how can the defendent can file the replication petition?
2. Having not filed the replication within 90 days, can the suit be considered for trail without giving opportunity for the defendent to file the replication?
3. Can we ask for the dismissal of the civil suit for not giving crucial legible documents to the defendent despite the court's direction? Under which section of the CPC we can request the court to dismiss the civil suit for lack of providing the proper documents to the defendent?
4. Is there any judgement towards the dismissal of the civil suit for not giving crucial and legible documents to defendent?
Apologies for the inconvenince caused.
With namaskar,
Mrs.Tripathy
Ms.Usha Kapoor
(Expert) 14 May 2018
Harsukh B. Gohel vs Vinod Kumar Bindlish & Ors on 27 January, 2014
https://indiankanoon.org/doc/184321692/?type=print
Jan 27, 2014 - The suit is filed on the basis of a Memorandum of Understanding ... being given, the Plaintiff had failed and neglected to file his affidavit in lieu of ... This Court, accordingly, dismissed the suit for want of prosecution on 18 February 2011. ... of documents; that after he recovered from his ill-health, the Plaintif
R.Ramachandran
(Expert) 14 May 2018
You say that the site plan which was filed by the plaintiff before the Court itself was illegible. The one supplied to you by him is also illegible. In any case, what turns out on the basis of the site plan to the case in question - it is not clear. How the site plan is important as far as the leakage is concerned?
In regard to the copy of the complaint, he has given you a copy. What is perhaps missing is the handwritten footnote. Again how that will make a big difference?
Just on this basis, the suit cannot and will not be dismissed. At best, you will point out to the court that (i) you have not been supplied with the legible copy of the site plan - court will order the plaintiff once again to supply. (ii) that the copy of the complaint given to you is not the one filed on the case file. Again court will order the plaintiff supply the same. A new date will be given.
What next?
You have to still defend yourself on the basis of merit. If that be so, why don't you do it right now instead of harping on irrelevant things, UNLESS YOU DO NOT HAVE APPROPRIATE DEFENCE and some how want to delay the things.
P. Venu
(Expert) 14 May 2018
What is the opinion of your advocate?
Dr J C Vashista
(Expert) 16 May 2018
Prima facie it is a concocted story where statements are contradicting.
What is the correlation of water leakage from your flat damaging the flat of the occupant of ground floor and filing a civil suit ??
What is the basis of filing your written statement when you were not provided with legible copy of documents as alleged?
In a civil case relevancy of complaint is not followed.
Consult your lawyer.
Tripathi
(Querist) 05 July 2018
Respected Sirs,
Firstly, my apologies for the delay in my response.
Let me clarify:
1. In the recent hearing, the Hon,ble court once again advised the Plaintiff to give copies of all the documents and also as legible one so that the replication can be filed and recorded same in the order sheet. The Hon'ble court went through all the documents received by us from the plaintiff and accepted our views. Unfortunately, some of the documents like site plan, legible copy of the complaint letter sent to the Municipal Corporation of Delhi (MCD) is still not provided - apparent reason was that the these documents submitted before the Hon'ble court itself was not legible. Even the MCD also has given a letter stating that the site plan etc was not provided to them at all which further authenticate our views. So, we have no intention of delaying the trail.
We have filed a Civil Suit in Year 2013 since the neighbour has done some illegal constructions and the trial is in the final stage. As a counterblast to this, he has filed the current Civil suit as a pressure tactics so as to withdraw our Civil Suit.
The site plan is important since the location of the flat, area of the flat etc are specified since he has alleged illegal construction on us.. The copy of the complaint letter given to us does not have the date as legible one.
But what we understand is that any one who files a Civil Suit in any court should give copies of all the documents submitted before the court to all the defendants so that the defendants can file the replication to the petition for a fair trial. It is the process followed by the Judiciary for a fair trial.
Without receiving all the documents, how can any one reply to those petition and start the trail? The very fact that the Hon'ble Judge has recorded this in his recent order clearly states that the Plaintiff has failed to give all the documents to us. And the situation continues even now despite the recent order.
So, our question is that :
Whether the trial can start without the receipt of full documents from the plaintiff ?
Can we request for the dismiss of their petition especially when the Hon'ble Court accepted our view and given one more chance to the Plaintiff? And the situation still continues since the copies received onceagain did not have the site plan and legible copy of the complaint letter etc.
If the suit can be dismissed for lack of receipt of copies of the same documents submitted to the Hon'ble Court, under what section we can request for the dismissal of the suit for lack of receipt of all the documents?
Is there any citation that can be referred for the same ?
Is there any other advise that can be given by our our eminent forum ?
Basically, we are requesting for a fair trail by following the principle of natural justice and request for the adherence of the proper procedures of the judicial process .
Once again, my sincere apologies for the delay in my response since the hearing was On.
with namaskar,
Mrs.Tripathy
