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Recovery cases

(Querist) 17 February 2012 This query is : Resolved 
1)Under recovery case which section is
applicable to call for the documentation
from the defendant to be submitted before
the Honorable court, is there any time
limit for the documents to be submitted
by the defendant?

2)If the defendant does not submit the
documentation within the time limit what
steps can the planitiff take?

3)After submitting the documentation from
the defandant then only can the
examniation of the witness begin?

Thank you.
ajay sethi (Expert) 17 February 2012
are you an advocate?

you must have passed yor LLB . civil procdure code is one of the papers in LLB examination .

by documentation do you mean written statement . after suit is filed writ of summons are served upon defnedant calling upon defendant to appear before the court . the defendant is required to file his written statement .the defendant has to mention list of documents he seeks to rely upon .

inspection of documents is to be given to plaintiff if called for .

if defendant fails to file his WS within stipulated period plaintiff can apply to court that orders be passed that fendant should not be permitted now to file his WS .

issues are framed and then affidavit of evidence is filed .

please read CPC for specifi c sections since you are an advocate


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