However, any other pleading sought to be filed after the written statement requires the leave of the Court. The Rule also vests the Court with a discretion to allow filing of a written statement or additional written statement within a period not exceeding thirty days.
What is an additional affidavit?
The said affidavit is an affidavit in which facts are pleaded, additional to the facts placed before the High Court.
Can documents be filed after framing of issues?
The court dismissed an application under order XI rule 1(5) & 1(6) of the Code of Civil Procedure, 1908 (CPC), filed to put on record additional documents after the framing of issues, which can be used as a dilatory tactic by the parties to delay the suits. …
Will court look into document which is not exhibited?
v. Yelamarti Satyam and Ors. the Supreme Court has laid down that mere marking of an exhibit does not dispense with the proof of the document. All those document which are not proved in the view of the court by judicial evidence are simply to be marked for the purpose of their identification.
Can a defendant in a suit without filing written statement give evidence?
Evidence can be allowed on behalf of the defendants limited to examination-in-chief and the witnesses cannot be permitted to be cross-examined beyond the pleading of the plaintiffs. The position of law in such a case is that a defendant, even without filing a written statement, can take part in the hearing of the suit.
Who files rejoinder?
(8), this Court held that rejoinder-affidavit can be filed only with leave of the court and it is a matter of judicial discretion vested in the trial court which should be exercised only if there are cogent reasons to allow the plaintiff to file rejoinder to the written statement.
What is the difference between set off and counter claim?
Set-off is a statutory defence to a plaintiff’s action, whereas a counterclaim is substantially a cross-action. Set-off must be for an ascertained sum or must arise out of the same transaction as the plaintiff’s claim. A counter-claim need not arise out of the same transaction.
What is framing of issues in law?
When one party affirms and other party denies a material proposition of fact or law, then only issues arise. If there is no specific denial, the question of framing issue does not, generally, arise. Material propositions are those propositions of law or fact.
How do you prove a document?
A document is said to be proved if following three criteria are satisfied: (a) firstly, the execution of a document, i.e., the handwriting or signature on the document,if any, is proved. (genuineness of a document) (b) secondly, contents of a document, and (c) thirdly, truthfulness of the contents of a document.
What is a written statement what should it contain?
A written statement is an essential part of the defendant’s side to make a particular legal defense alleged in the suit against him. It should be very carefully written and must include all the legal terms and facts in writing form.
Is rejoinder part of pleading?
Rejoinder is a second pleading by defendant in answer to plaintiffs reply i.e. replication. (5) Court would direct or permit replication being filed when having scrutinized plaint and written statement the need of plaintiff joining specific pleading to a case specifically and newly raised in written statement is felt.
What is difference between replication and rejoinder?
Replication is a pleading by plaintiff in answer to defendant’s plea. ‘Rejoinder’ is a second pleading by defendant in answer to plaintiff’s reply i.e. replication.
What is a counter-claim in law?
A claim for relief filed against an opposing party after the original claim is filed. Most commonly, a claim by the defendant against the plaintiff.
Why are issues framed?
14 || CPC|| by Naresh Kumar on October 06, 2019 in c.p.c. Framing of issues is probably the most important part of the trail of a civil suit. For a correct and accurate decision in the shortest possible time in a case, it is necessary to frame the correct and accurate issues.
