Question of Civil Procedure

it seems plaintiff admits the plea of defendant

Yes. If the plaintiff does not rebute the allegations, it amounts to admission.

Plaintiff has the opportunity to rebut the claim during chief and cross examinations at the time of trial. It is not compulsory to file a rejoinder and not filing a rejoinder does not mean admission. Issues have to be framed, trial has to be conducted and the claim has to be either proved or refuted in the trial.

In addition to Ranganathan, it depends on how the written statements was filed in the Court based on the nature of the  plaint of the plaintiff. In case of debt etc if the defendant claim set off it has to be clarified by way of replication and if the defendant made a counter claim that is imposing parallel liability on the Plaintiff the same should be clarified by the plaintiff by replication followed by rejoinder by the defendant. In any case once the defendant filed written statements and there is no claim of set off or counter claim depending on the nature of the case Issues have to be framed as pointed out by Ranganathan.Yet, again so much lies with the discreation of the Court in passing Judgment based on set off and counter claim.

Thanks Ranganathan & Assumi... your response is very helpful

Mr. Shriniwas,

The provisions of Order 8 of CPC deals with written statement to be filed by defendant.

Unless  defendant files a counter claim no rejoinder is necessary to be filed by the plaintiff.

The court will frame issues under Order 14 after filing the W.S. and burdon will be casted to prove it

on both plaintiff as well as on the defendant and they will have to prove their allegation against

each other. Hence  it will not be construed as admissions automatically for non filing of Rejoinder. Thanks

Best luck.

Ayub S. Pathan, Legal Adviser, Mah. State, CID, Pune

Mr. Ayub,

My understanding is that in general, facts in the plaint that are not denied are considered admitted by the opp party whereas it seems like for the Written Statement, allegations in general are considered denied unless specifically admitted.

What is the definition of "counter claim"?

Ranganathan & Assumi brought out some interesting point of view that allegations can be denied via chief affidavit & cross examination.

thanks for your insights.

Srinivas

Dear Ayub,

I finally understood what "counter claim" means. Your response is complete, consise and to the point. Thanks for the guiding summary.

Srinivas