Jamai Of Law (propra) 10 March 2011

Failure/Omission to file 'replication' to 'WS'?

If Respondent raises new facts in his defense (There is no explicit counter-claim or set-off........its a pure negating defense) in addition to replying to facts listed in plaint.

And if Plaintiff fails to respond and finally does not respond back .............. any via replication / rejoinder until .................... and even after the framing of issues ...... ......................... Does that procedurally mean/imply that plaintiff did not deny the existence and admitted to those new facts raised by respondent?

Please also give a SC and Bombay HC citation if any...Thanks

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Raj Kumar Makkad (Adv P & H High Court Chandigarh) 10 March 2011

If plaintiff fails to rebut the new facts raised by respondent in his written statement then it shall presumed that he has no comment against those facts hence if proved, those facts can go against plaintiff.

Sunil & Vasanth Architects and Consulting Engineers & another vs. Tata Ceramics Ltd; AIR 1999 Ker 88 t page 89

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DR.SANAT KUMAR DASH (Eye Specialist) 10 March 2011

If the Written Statement is filed by a Third party being endorsed by an Advocate in an evasive manner.............what will be it's effect to the case?? Whether the plaintiff's version will be taken to be granted as correct or not?? whether it is a Misconduct u/s 35 of the Advocate Act or not??