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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



 3 Replies

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

2 Like

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??

Jamai Of Law (propra)     11 March 2011

Dr. Sanat ji,


Your query may be valid but you need to give complete details.......

Are you saying third party/expert opinion?



Then it is a Oral statements/Evidence (given in writing!!) by a Third party/Expert on the context in issue.


Please post a separate query...You will get expert's opinions.

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