A summery suits filed by the plaintiff and the Defendant filed Vakalatnama and Written statement well in time. after that the Plaintiff has taken out Summons for judgment but the court was vacant hence the defendant has not filed his affidavit-in-reply / leave to defend to the summons for judgment on time i.e. within prescribed period. All most after a year the court was seating and the Defendant has notorised his affidavit-in-reply on the same day and submitted before the court in presence of the Advocate for plaintiff. The Court has taken the said reply on record and S/j. adjourned for argument. the matter thereafter adjourn for argument on two to three dates for certain reasons. now at the time of argument the Advocate for plaintiffs raised the objection under O. 37 R. 3 of CPC.
Dear friends when the Defendants filed his reply in presence of the Plaintiff's advocate and the Plaintiff's advocate has not raised any objection at that time when the Affidavit-in-reply was taken on record by the Court and matter was adjourned for arguments, then how he can raised the objection now? Please help me, how to solve this problem. please provide me if any citation is available on this point.
