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Srinivas (Director)     09 March 2011

Pleadings - When should be denied?

Dear Gurus,


When a plaint is submitted, the defendants have an opportunity to deny the averments in their Written Statement.

How does the plaintiff deny any averments made in the defendants written statement assuming no rejoinder is filed.

 

Questions:

1) Can averments in defendants W.S be denied in the Chief Affidavit?

2) Is cross-examination the only time to suggest incorrect averments?

3) Does the law assume all facts that are not "specifically admitted" are considered denied?

 

thanks,

Srinivas



Learning

 6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 March 2011

Pleadings are the back bone of entire legal system. If you can visualise its finer point you can twist the case.

Now pl do not confuse with the WS. The plaintiff has to prove the case by his evidence. Defendant will deny.

Here many people goof up , the defendant has to deny specifically all the pleadings of the plaintiff only denial is enough. Whatever is not specifically denies is deemed admission.

For plaintiff he should study the denial and give evidence to contradict it.

2 Like

mohansreddy (Advocate)     10 March 2011

Stick on to your pleadings the defendant always deny . you can screw them either in your chief or when you cross them

1 Like

Jamai Of Law (propra)     10 March 2011

Srinivas ji,

 

Did you actually mean to say 'replication' instead of 'rejoinder'?

 

 

If Respondent has made a explicit counter claim .......... then as your 'ws to counter claim' you have to reply to it

 

OR

 

If there is no explicit counter-claim then .. and If respondent brings up additionals facts in defense in his WS...................... then you can give your reply to those (deny completely or tell your version ...... calling it a half truth etc)  by filing a 'replication'

 

Also you can raise objections to it using discovery phase...interrogatories and notice to produce docs/admit facts........before framing of issues.

 

After framing of issues also.......you can raise objections to it during 'cross' of respondent's exam-in-chief ... but probably not duing your (petitioner's) exam-in-chief  

 

But its better to file 'replication' always.

 

This is what is my understanding   :)

 

 

 

1 Like

Srinivas (Director)     11 March 2011

Very concise and clear response. Thanks so much. Best wishes.
 

Srinivas (Director)     11 March 2011

Dear Jamai Of Law,


I was always confused between rejoinder & replication. I think you may have opened my eyes. Thanks.


Why should plaintiff not deny averments of W.S in his/her own chief affidavit?

 

thanks,

Srinivas (Director)     11 March 2011

Dear Jamai of Law,


I tried to go back to CPC and see which section or Order deals with Replication and I could not find a reference.


Order 8 deals with W.S, set-offs and counter-claims. Could you please point me to a reference to understand more about Replication.

 

thanks,


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