LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Written statement - procedure

hi,

in case of a written statemnt stage in a civil suit case ,let us say a defendant files a written statement after a initial notice, and the plaintiff gives a reply,(replication) to it.  is the defendant expected to again file a reply or written statement for the replicatin filed by the plaintiff.?
basically, how many turns of written statemnet and reply can be filed back and forth before the case movs to the next stage.
also, if the defendant files with any allegations and false statemnts, is she expected to file it with any supporting document or is it only to be proved at the time of cross examination. if it happens to be false at the stgae of cross examination,what penalty is levied on the defendant filing such allegation in written statement.

 



Learning

 3 Replies

HIRAL THAKKAR (ADVOCATE )     29 July 2017

it is called sur rejoinder. Usally this procedure is not followed. However you can now file your documents for admission and denial.

Adv. Aditya (Litigator GROSON ADVISORS)     29 July 2017

Plaint and Written statement, including replication and rejoinder shall only include facts, and only facts. When one party maintains a written submissions, with allegations. That party stands to prove them categorically. 

Plaintiff files a plaint, defendant submits written statement, in return to which plaintiff files replication, after which rejoinder is filed, if any. It usually ends after this. or sometimes after replication..


(Guest)

it generaly doesnt go beyond replication or rejoinder . and gets moved to the FRAMING OF ISSUES state.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register