Respondent in appeal

amol (Querist) 23 May 2021 This query is : Resolved
Dear Expert
I need your help.

The Appellant ( who is defendant in lower court i.e. in Trial court ) filed Appeal against order of Exh.5 in District Court.
We are on Respondent side.

Appellant just filed Appeal Memo and Paperbook in District court.
T.I. or status-quo application is not filed by appellant only Appeal Memo is filed.

In the trial court of senior division when we file suit defendant was filed WS and say.
But in the appeal of District court, I have confusion to file WS or say or not to file in above case.

My Query is:
Q.1 ) Do respondent need to give/file say or WS for Appeal Memo or only respondent argument (written/oral) is sufficient after appellant argument?

Q.2 ) Is it necessary for respondent to file say/WS for Appeal Memo?

Kindly provide us information for process for respondent side in Appeal or duty that respondent must follow in Appeal.

Thanks for your anticipation and help.

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Quick Summary

This discussion clarifies the process for respondents in an appeal. Generally, respondents do not need to file a written statement (WS) or 'say' in response to an appeal memo. The existing pleadings from the trial court are considered sufficient. Instead, respondents can present their arguments orally during the appeal hearing after the appellant has presented theirs. Filing a vakalatnama upon receiving notice is usually the primary step for the respondent.

Advocate Bhartesh goyal (Expert) 24 May 2021
( 1 ) In a regular or miscellaneous appeal, no w.s or say is Filed appeal is continuation of suit and suit already contains pleadings ( plaint and w.s ) also appeal does not comes under the purview of pleadings so no w.s or say is filed.
( 2 ) there is no provision to file reply/w.s of memo of appeal so need not to file w.s

T. Kalaiselvan, Advocate (Expert) 24 May 2021
1. Reply or written statement or counter to the meo need not be filed in the appeal.
You may have to file just a vakalatnama on receipt of notice from court and express your objections in the form of oral argument.
2. Not necessary.

P. Venu (Expert) 24 May 2021
Yes, no written say or counter needs to be filed in a Miscellaneous Appeal. Oral arguments would suffice.

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