Replication
Daljit Singh Dodd
(Querist) 26 December 2011
This query is : Resolved
Replication in Indian Civil Law is/was regarded as a part of Pleadings.
This question concerns order 6 rule 5
Ord6 r5) of the Indian Civil Procedure Code.
My lawyer informs me that the Rule for Replication had been repealed Could somebody quote Chapter and verse that is exact wording whereby of the repeal if any?
I am in UK ,having the means of looking up almost anything on English Law.
Information on Indian Law is very rare. I do not think Indian High commission will help,they do not even answer the phone.
Help dsinghdodd@gmail.com
prabhakar singh
(Expert) 26 December 2011
The entire code of civil procedure code applicable in India can be cheked on following site:
http://www.vakilno1.com/bareacts/civilprocedure/Civil-Procedure-Code-1908.htm
order VI rule 5 was omitted. Act No. 46 of 1999 w.e.f. 1-7-2002
1[5.Further and better statement, or particulars]
1. Omitted by Act No. 46 of 1999, section 16 (w.e.f. 1-7-2002).
http://www.vakilno1.com/bareacts/civilprocedure/Civil-Procedure-Code-1908-1.htm
LEARN TO TRUST,AND VISIT HERE WITH FACT ONLY
AND NOT FOR TUTORIALS.
R.Ramachandran
(Expert) 26 December 2011
Dear Mr. Dodd,
Rule 5 of Order VI CPC has been omitted by the CPC (Amendment) ACt, 1999 (Act 46 of 1999) with effect from 1.7.2002 vide Notification S.O. 603(E) dated 6.6.2002. Before its omission, it read as under:
"A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just.".
Nadeem Qureshi
(Expert) 26 December 2011
Mr. R.Ramachandaran is very right in this regard
Devajyoti Barman
(Expert) 26 December 2011
Yes already rightly advised and nothing to add more.
Daljit Singh Dodd
(Querist) 26 December 2011
I am really grateful to all the experts who took the time to help me.
This means that the District Judge,Jalandhar.
Panjab delivered a wrong Judgment in December, 2011 wherein he stated that Replication forms a part of pleadings if an averment in the Replication for the first time is not cotroverted, it(the averment) is
taken as TRUE.
Am I right in presuming that?
Thank you once again. I am much obliged.
Could someone recommend a competent lawyer in Chandigarh as I shall be going in Appeal to the High Court DS Dodd MA;MSc;LLB
Dr J C Vashista
(Expert) 29 December 2011
Dear Daljeet,
Although replication is not mandatory and/or required U/O VI R 5 CPC yet prefer to submit replication for improvement of your pleadings for the rebuttle of averments made therein the written statement of defendant(s), hence replication shall form part of pleading at the time of arguement of the original suit vis-a-vis appeal(s) if any.
You shall have to find a lawyer in Chandigarh HC since it is a very delicate issue to suggest someone.
