Reply to respondent ws

Just to add I am talking about Matrimonial cases.

Hi Rahul,

 

It is not at all necessary to file a replication to the defendant/respondent's Written Statement. The Theory of deemed admission does not apply to Written Statements. I'll tell you how it works - if you state something in Plaint and it is not denied in the WS or WS is not filed - the allegations in the plaint are deemed to be admitted vide O.8 R.5 of the CPC. However same does not apply to a WS. Even if no replication is filed - WS allegations are deemed to be denied. This is called deemed traverse. Replication should ideally be filed only when a 'confession and avoidance is required' a confession and avoidance is when you want to infact ADMIT something that is stated in the WS but still avoid the meaning or inference imputed from it. All in all you don't need to file a replication to deny WS inm toto.

Thanks a lot Mr. Bharat !! Your explanation is awesome ..I loved the way you cleared my doubt ...just one doubt...even if she has mentioned new/additional wrong allegations in WS beside accepting facts mentioned in my petition...so your answer would still be same that I don't have to file replication. Regards, Rahul

Adv. Bharat,

 

Infact very good reply in plain english for knowlege of common man....Thank you.

See, filing replication is not a MUST for the petitioner. If the petitioner finds grounds that the WS discloses new facts, the petitioner may file replication at his own sweet will. Law gives him oportunity.