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Sameer12345 (SSE)     18 January 2013

Additional written statement in crpc 125?

 

I am defending CRPC 125 at present.

 

I have already submitted Written Reply Affidavit in JMFC court.

 

I want to add few more objection to avoid grave injustice to me in later stage of CRPC 125.

 

Is it possible?

 

If yes, under what section, Honorable Magistrate will allow me to give “Additional Written Statement”?

 

Thank you experts in advance.



Learning

 11 Replies

stanley (Freedom)     18 January 2013

All you have to do is on the next date you have to file a rejoinder to your earlier written statement and the Magistrate is bound to accept it . 

1 Like

Sameer12345 (SSE)     18 January 2013

The case is progressing very fast. It is her evidence stage now.

 

Thank you for the reply. I will read further about rejoinder procedure.

rahul (director)     18 January 2013

you can file additinal WS, thats no a problem.. you can say these info was not with you when you filed your WS,

so these needs to be taken on record in interest of justice.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     18 January 2013

You will have to seek permission from the court to file additional objections.

1 Like

siranjeet (JE)     18 January 2013

you can file subsequent pleading on next date under order 8 rule 9 of CPC only  with permission court within 30 days in addition to written statement of defence/ written reply under order 8 rule 1 of CPC

where as rejoinder is filed by petitioner that means subsequent reply to written statement of respondent/ defender under order 8 rule 6A (3)

1 Like

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     20 January 2013

WHAT ADVOCATE RAJEEVE RAJOO AND SIRANJEET HAVE POSTED IS EXACTLY THE CORRECT WAY .THE COURT MAY ASK THE OTHER PARTY TO FILE A COUNTER FOR THIS PETITION .THEN IT MAY BE POSTED FOR ENQUIRY AND THEN THE JUDGE MAY PASS HIS ORDER ON YOUR PETITION .BUT ALL THIS SHOULD BE DONE BEFORE THE COMMENCEMENT OF TRIAL . YOU PUT IT IN YOUR PETITION SOME JUDGEMENTS AS PRECEDENTS FOR YOUR PETITION . LONG BACK WE USED TO GIVE SUCH JUDGEMENTS ALONG WITH THE PETITION .SOME JUDGES MENTION THAT AND TAKE A DECISION .NOW A DAYS MOST OF THEM ARE IGNORED BASED ON YOUR LAWYER OR ON THE OTHER SIDE LAWYER . I HAVE MENTIONED MANY CASES IN THE AFFIDAVIT ITSELF .THAT PORTION THAT RELATES TO YOUR PETITION .YOU PROVIDE A COPY OF THAT JUDGEMENT . IN SUCH A CASE MOSTLY YOUR PETITION WILL BE ADMITTED WITHOUT ANY COUNTER OR ENQUIRY .EVEN IF YOUR PETITION IS DISMISSED YOU WILL BE FILING A COPY OF THIS IN YOUR APPEAL AND MOSTLY YOU WILL GWT A FAVOURABLE ORDER . BUT THE POINTS RAISED IN YOUR REJOINDER MUST BE RELEVANT AND VERY IMPORTANT TO DECIDE THE CASE .-JOSEPH WILFRED - 20/01/2013 AT 22.55 HRS

1 Like

Shantanu Wavhal (Worker)     21 January 2013

Sameer,

In case of Grave, Well known to urself, Deliberately hidden facts, u will need strong convincing arguments.

1 Like

Shantanu Wavhal (Worker)     21 January 2013

while filing an affidavit in court, HIDING FACTS is something serious.

1 Like

Sameer12345 (SSE)     21 January 2013

Originally posted by : siranjeet

you can file subsequent pleading on next date under order 8 rule 9 of CPC only  with permission court within 30 days in addition to written statement of defence/ written reply under order 8 rule 1 of CPC

where as rejoinder is filed by petitioner that means subsequent reply to written statement of respondent/ defender under order 8 rule 6A (3)

Rejoinder Affidavite must be filed in 30 Days? What if I file the same at my Evidence Stage? Will it be not allowed?

 

It is going to be grave injustice to me if I wont show the facts in CRPC 125.....

Shantanu Wavhal (Worker)     21 January 2013

u have to tell the reasons for not disclosing the facts on the first opportunity.

siranjeet (JE)     22 January 2013

 

you can file subsequent pleading on next date under order 8 rule 9 of CPC only  with permission court within 30 days in addition to written statement of defence/ written reply under order 8 rule 1 of CPC

where as rejoinder is filed by petitioner that means subsequent reply to written statement of respondent/ defender under order 8 rule 6A (3)

Rejoinder Affidavite must be filed in 30 Days? What if I file the same at my Evidence Stage? Will it be not allowed?

It is going to be grave injustice to me if I wont show the facts in CRPC 125

dear

1   your wife will file rejoinder  and not u  ok

2 rejoinder can be filed after 30 days with permission of court as some times next date is after 2 months or ur counsel  can take permission to file rejoinder next date ok

3 at evidence stage not allowed as charges already has been framed ok

4 first petitioner is given chance to prove his/her allegation by way of evidences (documentry or witnesses) then comes the turn of respondent to give his evidences

5 u can make some addition in your affidavit at time of your evidence stage

 

 

 

1 Like

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