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Replication By Plaintiff

• "Replication" is a reply, filed by the plaintiff, against the "written statement" of Defendant.
• "Replication" should also specifically deny the allegations raised by the Defendant in written statement. Anything not denied is deemed to be accepted.
• Replication should also contain, a " verification" from the plaintiff, stating that contents of "Replication" are true and correct.
• Once Replication is filed, pleadings are stated to be complete.

Filing Of Other Documents

• Once, the pleadings are complete, then both the parties are given opportunity to produce and file documents, on which they rely, and to substantiate their claims.
• Any document not filed or produced cannot be relied upon, during final arguments.
• Filing of Documents is not sufficient. They should be admitted and taken on record. In brief the procedure is as follows :
  • Documents filed by one party may be admitted by opposite party.
  • If they are denied by opposite party, then they can be admitted by the witness produced by party whose documents are denied.
  • Once the document has been admitted it shall form a part of the record of court, and all the details of suit such as name of parties, title of suit etc, shall be inscribed on the document. (O13 R49 7)
  • Documents, which are rejected i.e. not admitted, are returned to the respective parties.
  • It is necessary that document should be filed in "original", and a spare copy should be given to the opposite party.

Framing Of Issues/ List Of Witness

• "ISSUES" are framed by the court, on the basis of which arguments and examination of witness takes place.
• Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside the purview of "Issues".
• Issues may be of : A) Fact or B) Law
• While passing final order, the court will deal with each issue separately, and pass judgement on each issue.

List Of Witness

• Whichever witness, the parties wish to produce, and to be examined, has to be produced before the court.
• Both the parties to the suit shall file a list of witness within 15 days from the date on which issues were framed or within such other period as the court may prescribe.
• The parties may either call the witness on it's own, or ask the court to send summons to them.
• In case court send summons to witness then the party calling for such witness has to deposit money ' with the Court for their expenses, known as "Diet Money".
• A person, who does not appear before the court, if he is required by the court to do so, then the court may impose fine and penalty on him.
• Finally on the date, the witness will be examined by both the parties.
  • Examination by party of it's own witness is called "Examination-in-chief"
  • Examination by party of other party's witness is called "cross Examination".
  • Whatever, has to be deposed in " Examination-in-chief", can also be filed by way of an Affidavit.
  • Once, the Examination and Cross- Examination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing.