rajendra (na) 05 August 2014
Hi,
In a civil suit i am the plaintiff and send the legal notice to defendant and suit amount is 2.7lac..
I got the reply from the defendant and now this is in court(civil)...After several hearings defendant filed counter..
Now what will be move from court?
My lawyer told it has gone to issues....please tell me the procedure for this..
Thanks
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 August 2014
At the first hearing of the suit if the defendant makes a defence the court shall frame issue: Issues are of two kinds (1)preliminary issue that is Jurisdiction, and (2) bar to a suit created by any law. The main issue are on facts and law. For details Order XIV of the CPC.But the code has not defined the term issue under section 2 of the Civil Procedure Code. At the time of framing of issue each party will submits its material prepositions of facts or law and will go in records that will formed the framing of issues and a date will be fixed for hearing in those issues.
G. ARAVINTHAN (Legal Consultant / Solicitor) 06 August 2014
Judge will frame issues that which are the matters to be decided in that Suit.
Then case will be posted for trial
rajendra (na) 06 August 2014
Thanks for your reply...
I have filed civil suit under ORDER 7 RULE 1 R/W SEC 26 OF CPC..
I gave amount of 2.7 lac to my Father in law in a period of 1 year(2012 jan -2012 dec) in multiple transactions...Later opposite party filed 498A in May 2013....
I have sent legal notice on nov 2013 to FAther in law regaridng the amount and got reply form him...Later filed in court in 2014...
He filed counter stating the below points.
After the marriage Father in law gave 3lac as handloan and so i have given the amounts in multiple transaction..
one can't claim with only bank statement as evidence..
He didn't gave single rupee after marriage...
Kindly advise how to proceed on this
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