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Damayanti (Unemployed)     22 April 2011

Two Queries on 1. Purshis and 2.other side to say

What is Purshis actually? and does it have prayer portion at the end? and does it require to say 'any other just order may be passed' at the end?

 

If applicant writes purshis like:

Applicant humbly sumits pushis as under ....... etc ...... and adds 'a prayer section' at the end that

 1.Court may peruse above mentioned statements

2. Any oher just order may be passed

 

Does above become an application and NOT a purshi?

 

 

 

On another interim application in a divorce suit, opposite party gave/wrote its response immediately on the backside of that application. (if applicant withdraws the application, then court asks the applicant to write it so on the same application and order it as withdrawn. but here other party wrote response on the back side.) 

Then How will the applicant get the copy of that response?

Doesn't the applicant entitled to get copy of response?

 

After above, doesn't/shouldn't court ascertain whether allegation/contensions made in application para by para are admitted or denied (Order 10)? doesn't/shouldn't court frame issues whether allegation/contensions made in application have become 'issue of facts' or 'admitted facts' (Order 14 -framing of issue)?

 

And now, that Application is scheduled for 'arguments' (it is like summary proceedings)

 

Without above steps, which are actually to be taken by court on its own motion , and applicant can't demand it to court, should the applicant assume, on its own, 'point of facts' and do final oral argument?

 

Plesae advise.



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 April 2011

Pursis is a written document filed in the court to provide some information to the court, it cannot contain any prayer clause as it is in an application and there is no question to call any 'say' of the opponent on that. 

When the 'say' is given on a seperate paper, then the applicant is entitled to get it's copy, but when it is written on the backside of the application itself, it can be perused from the court record itself.

2 Like

Damayanti (Unemployed)     22 April 2011

Thanks

I got it madam about purshis.

Probably end of purshis should not be as above , but it should end it as follows:-

'Thus the purshis as above mentioned.'

Date,location and Sign

 

 

I am still confused about your reply on 'Other side's say' on the back-side of application.

 

That 'say' by non-applicant is raising objections, and hence it is to be served to applicant.

Applicant can't be compelled to get certified copy for it

(although money is not an issue here, it is a question of adeherence to 'service of the process' on other party.)

Also it confuses applicant whether say is filed by other party or not.

 

Law says that "For any 'application' or 'reply/say', one copy of it is to be furnished, so as to be served on other party, especially if 'say' denies the avements in application.

Tajobsindia (Senior Partner )     22 April 2011

2 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     22 April 2011

very well said by Archana je!


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