Query: reply of rejoinder (cpc sec-151 app dismissed)
ronak
(Querist) 08 February 2012
This query is : Resolved
Civil Case: Regarding money suit
Case facts:
1.Plaintiff (plaintiff is a Trust )said that rent not paid by defendant for last six month and paid some amount as donation
2. Defendant said that he already paid rent for even next 12 months in advance and also paid security deposits. i.e. not as donation but security deposits..
3. However reciept did not disclose security deposit or donation but disclose about the amount which is true...
4. Now first plaintiff filed case but not disclose all things,,on that defendant filed written statements(with original receipts) disclosing all the facts and also filed set off (order 8 rule 6 cpc) of amount of next 12 months and secuirt deposits .
5. Then plaintiff filed rejoinder disclosing more facts and also some documents but not original but xerox alleging the signed documents of defendant....
6.Defendant ask the court under sec-151 to give order to plaintiff to file original document and also to give permission to defendant file reply of rejoinder of plaintiff which is disclosing additional facts.
however trail Court rejects the application filed by defendant...
now queries are
(i) court has failed to understand the facts that plaintiff has given additional facts in rejoinder and for defendant must be given an opportunity to file reply of rejoinder of plaintiff ? or not?
(ii) since court has dismissed the application under sec-151 of defendant what are his remedy ?
(iii) is there any way in cpc (order or sections) which say that plaintiff must add original document although he had added xerox but not certified
(iv) how can defendant reply to xerox documents which according to plaintiff handwritten by defendant but defendant said them forge and fabricated
Raj Kumar Makkad
(Expert) 08 February 2012
there is no scope for replying the academic queries.
prabhakar singh
(Expert) 09 February 2012
Days are gone when you people use to kill our time.
ronak
(Querist) 09 February 2012
I think this forum is made to exchange ideas.
But if some lawyers do not want to cooperate that is also ok ...
either the forum/site owner must shut down those people ideas who don't want to exchange ideas..........
This is lawyerclubindia.com
If you think this is just an academic queries that is for your understanding only....ok.....
but there are some clients who are not rich enough to make to even high court......
and we are the people called lawyers who have to find sources in procedure code to make that happen that people get justice or atleast some remedy for trial court only......
just because trail court dismissed the application it is our duty find a way to give some relief to poor person....
if everything depends on writ then i want to tell to every person in india that achieving justice or relief is too far from them reach.
If i have said anything above my limit i apologized for that...but i think you must share your ideas...
That is the purpose of this site...
Raj Kumar Makkad
(Expert) 10 February 2012
The first sentence of your subsequent clarification is correct but why experts should prefer providing their time for such endless discussions rather to the needy persons who are waiting for our replies. we have very limited time and voluntarily without any cost want to devote for actual needful persons so post your academic queries in Forum section of LCI wherein such discussion frequently take place.
V R SHROFF
(Expert) 10 February 2012
Academic query: WILL NOT BE REPLIED
you may raise in FORUM
ronak
(Querist) 11 February 2012
I apologizes for my mistake...I am not aware of such things..Thanks
and in future i will raise my discussion queries in forum
Anyway
Thanks for your time..
