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Bhavani Singh (others)     28 May 2021

When to file a reply

I have filed a complaint in a RERA tribunal against a builder to which the tribunal sought a reply from the builder (defendant). After putting off and seeking more time for 3 consecutive hearings, the builder's lawyer finally filed their reply which the tribunal will examine on the upcoming date. Their reply is trivial eyewash and a mere waste of the tribunal's time. 

 

I would like to seek the advice of the legal experts here as to whether I should file a counter-reply immediately, before the upcoming hearing? Or should i wait for the tribunal to examine the builder's argument, and then file my counter-reply only when directed by the tribunal to do so?

I have not sought the services of a lawyer as I can not afford one. I would be grateful for any help as I am unaware of the protocols of the court.

 

Regards



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     29 May 2021

There's no necessity to file a counter to his reply..

Now you have to wait for the tribunal to begin the trial. 

You can prepare your evidence to be deposed before the forum once the trial begins along with the supporting documents in your possession. 

1 Like

Dr J C Vashista (Advocate)     29 May 2021

It is not compulsory / mandatory to file replication/ rejoinder/ counter to the written statement (reply) of the defendant.

However, in case you find any new fact/document, which has been pleaded / annexed by the defendant in his written statement, you must file a replication/ rejoinder in the first instance.

1 Like

Sankaranarayanan (Advocate)     29 May 2021

yes it is not compulsory but if necessary then it can be 

1 Like

G.L.N. Prasad (Retired employee.)     29 May 2021

In general, after a counter is filed, a case comes for hearing a trial and facts can be stated by submitting documents and making a counter of all the false statements made by the builder.  You can also file written arguments with the permission disputing the stand of the builder.  So do not be bothered as the opposite party in all cases builds cock and bull stories that are not taken into consideration without supporting documentary evidence.  That counter/written statement is not treated as evidence.

1 Like

P. Venu (Advocate)     29 May 2021

Rejoinder is required to be filed only if the reply contains additional facts which needs to be countered.


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