Please advise with relevant case laws on following, thanks
The matter is in the middle of Arguments
Petitioner is making the Arguments, in which the petitioner denied the counter allegations for the first time, and to which the Respondent raised an objection that 'The petitioner is denying the counter allegations very late' i.e. at Oral argumets stage, and contedned in objection that it was supposed to be denied by way of a rejoinder and not during the oral arguments !!!!
Is the Respondent's lawyer correctly telling the CPC procedure? or mislead the Court?
The situation in above Civil Suit goes as below:-
in reply to plaint, The Respondent has expressly in denied ALL the allegations and claim, AND ALSO The respondent has set up, in his defense, the Counter allegations (additional allegations made in defense) to diprove the allegations.
Please note:- There is no counter claim as such except that 'allegation by respondent that plaint is vexacious and costs demanded'
To the above, the Plaintiff HAS NEVER (unfortunately) filed any rejoinder to deny the a Counter allegations (additional allegations made in WS by respondent) I do not think PEtitioner's lawer made any mistake here
Question of law here is:-
Are the Counter allegations made by the respondent deemed as 'admitted' just bcos there is no rejoinder?
Plaintiff has contended that :-
'There is no counter calim and hence NO NEED of any rejoinder!!!. The requirement of rejoinder arises only and only where there is a counter claim!!! and hence the Counter allegations is merely a type of defense set up by the respondent and burden lies on the respondent. Thus the burden of proving the Counter allegations lies solely on respondent even though those were not expressly challenged by plaintiff and mere allegation of Vexacity CAN NOT be a counterclaim!!!
Respondent has contended that :-
Please clarify the above, and correct position of law .
Thanks
