Written statements and replies

Reply by plaintiffs to defendant's application under Order 7 Rule 11 CPC

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IN THE COURT OF Name of judge, CIVIL JUDGE, TIS HAZARI COURTS, DELHI

SUIT NO. Suit number/Year of suit

IN THE MATTER OF:

Plaintiffs' names: PLAINTIFFS

VERSUS

Defendants' names: DEFENDANTS

N.D. OH: X.X.Judge's initials

REPLY ON BEHALF OF THE PLAINTIFFS TO THE APPLICATION FILED BY DEFENDANT NO. 1 UNDER ORDER 7 RULE 11 C.P.C.

PRELIMINARY OBJECTIONS:

1.That the present application is not maintainable in its present form.

2.That the present application is not maintainable as Defendant No. 1 has suppressed the relevant and material facts. He is guilty of suppression of true facts and has not approached the Hon'ble Court with clean hands.

3.That the present application is not maintainable as Defendant No. 1 has deliberately filed a false application which is wholly misconceived.

4.That the present application is not maintainable as Defendant No. 1, along with the other defendants, visited the house of the plaintiffs on Date of defendants' visit to plaintiffs' house. The defendants informed the plaintiffs that Name of partner was a partner along with eight other persons in the firm Name of partnership firm, having its head office at Firm's head office address, and they also handed over to the plaintiffs a photocopy of the partnership deed dated Date of partnership deed.Month of partnership deed.Year of partnership deed, in which Name of partner mentioned in deed was shown as one of the partners. Thereafter, the defendants further stated that the said firm Name of the firm had acquired some land at Location of land acquired by firm.

REPLY ON MERITS:

1.That the contents of Para 1 of the application are denied.

2.That the contents of Para 2 of the application are absolutely wrong and are specifically denied. The plaintiffs are, however, prepared to pay the requisite court fee, if any deficiency is found, and as may be directed by the Hon'ble Court. It is relevant to place on record that, as per Section 23 of the Hindu Succession Act, possession cannot be demanded by the plaintiff except at the time of division of the property among the male heirs, and as such only a declaration has been sought. The plaintiffs are prepared to pay the court fee at the time of delivery of possession, if so directed by the Hon'ble Court.

3.That the contents of Para 3 of the application are absolutely wrong, false, frivolous and baseless and are specifically denied. It is relevant to place on record that at the time of division of the property the plaintiffs shall have the right of possession of their respective shares, and since a share has been claimed by one of the male members, the plaintiffs are also entitled to claim their shares, the same being deferred shares as per Section 3 of the Hindu Succession Act.

4.That the contents of Para 4 of the application are specifically denied. It is relevant to place on record that the share of the plaintiffs is an undivided share and may be quantified at the time of partition, and as may be decided at the time of the actual division of the property.

5.That the contents of Para 5 of the application are absolutely wrong and are denied.

PRAYER

The prayer made in the application is absolutely and specifically denied. The applicant is not entitled to any relief against the answering plaintiffs, and the application is liable to be dismissed with exemplary costs, in the interest of justice.

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to dismiss the application of Defendant No. 1 under Order 7 Rule 11 C.P.C., together with exemplary costs, in the interest of justice.

DEFENDANT NO. 3

IN THE COURT OF Name of judge, CIVIL JUDGE, TIS HAZARI COURTS, DELHI

SUIT NO. Suit number/Year of suit

IN THE MATTER OF:

Plaintiffs' names: PLAINTIFFS

VERSUS

Defendants' names: DEFENDANTS

N.D. OH: X.X.Judge's initials

REPLY ON BEHALF OF THE PLAINTIFFS TO THE APPLICATION FILED BY DEFENDANT NO. 1 UNDER ORDER 7 RULE 11 C.P.C.

PRELIMINARY OBJECTIONS:

1.That the present application is not maintainable in its present form.

3.That the present application is not maintainable as Defendant No. 1 has deliberately filed a false application which is wholly misconceived.

REPLY ON MERITS:

1.That the contents of Para 1 of the application are denied.

5.That the contents of Para 5 of the application are absolutely wrong and are denied.

PRAYER

DEFENDANT NO. 3

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IN THE COURT OF Name of the presiding officer, LD. DISTRICT JUDGE (COMMERCIAL COURT), DIST. Court district,

Court address

C.S. (COMM) NO. Commercial suit number OF Year of the suit

IN THE MATTER OF:

Plaintiff's name ….. PLAINITFF

VERSUS

Defendant's name ….. DEFENDANT

N.D.O.H.: Next date of hearing

REPLY ON BEHALF OF THE DEFENDANT TO THE APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR SUBSTITUTION OF THE AUTHORISED REPRESENTATIVE

MOST RESPECTFULLY SHOWETH:-

PRELIMINARY OBJECTIONS:

1.That by way of the present Preliminary Objections, the defendant denies all the averments made by the plaintiff. The present application has been filed by the plaintiff only to delay the proceedings and to harass the defendant, with a view to extracting money from the defendant and dragging it into frivolous litigation.

2.In the case of MMTC Ltd Vs. MEDCHL Chemicals & Pharma (P) Ltd. 2002 (1) SCC 234, the Hon'ble High Court held that;

Written statements and replies

Reply of defendant to application under Section 151 CPC for substitution of authorised representative

IN THE HON’BLE COURT OF LD. SENIOR CIVIL JUDGE

NEW DELHI DISTRICT; Court complex number COURTS,

NEW DELHI.

CIVIL SUIT NO. Civil suit number OF 20Year of suit

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

First defendant's name & ANR.: DEFENDANTS

REPLY ON BEHALF OF THE DEFENDANT NO. 2 TO THE APPLICATION UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE FILED BY THE PLAINTIFF

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:

1.That the present application is liable to be dismissed, inasmuch as the relief claimed in the plaint and the relief claimed in the application under reply are one and the same; and if the relief sought in the present application is granted, it would amount to decreeing the suit at an interlocutory stage.

2.That the application under reply is not maintainable as laid, since it lacks the essential ingredient for the filing of such an application, namely, the averment that the plaintiff will suffer irreparable loss in the event of non-grant of the relief claimed in the application under reply.

Written statements and replies

Reply on behalf of defendant no.2 to application under Order 39 Rules 1-2 CPC for interim injunction

IN THE MATTER OF :-

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

N.D.O.H.: Next date of hearing

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT IN THE COMMERCIAL SUIT FOR RECOVERY OF RS. Suit amount (₹)/- ALONG WITH PENDENTE LITE AND FUTURE INTEREST.

MOST RESPECTFULLY SHOWETH:-

PRELIMINARY SUBMISSIONS AND OBJECTIONS:-

1.That the captioned suit has been filed by the Plaintiff, verified by an affidavit of one Name of deponent (General Manager of plaintiff), who claims to be the General Manager of the Plaintiff Company and who has gone through the entire copy of the suit and understood its purport and contents. The Defendant is filing its reply to the same. In reply to the plaint, the Defendant vehemently denies each and every statement, averment and submission made therein, as the same are false, frivolous, misconceived and wholly baseless. Before rendering a para-wise reply to the plaint, the Defendant seeks to set out the following Preliminary Objections and Submissions, each of which is urged independently of and without prejudice to the others. The present reply on behalf of the Defendant is being filed by Defendant company's name.

Written statements and replies

Written statement by defendant in commercial suit for recovery arising from dishonoured cheques

IN THE MATTER OF: -

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

N.D.O.H.: Date of statement (day).Date of statement (month).Date of statement (year)

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT IN THE COMMERCIAL SUIT FOR RECOVERY OF RS. Suit recovery amount (₹)/- ALONG WITH PENDENTE LITE AND FUTURE INTEREST.

MOST RESPECTFULLY SHOWETH: -

PRELIMINARY SUBMISSIONS AND OBJECTIONS: -

1.That the captioned Suit has been filed by the Plaintiff, verified by the affidavit of one Mr. Plaintiff's verifying deponent's name, who purports to be the General Manager of the Plaintiff Company and states that he has gone through the entire copy of the suit and understood its purport and contents. The Defendant has accordingly filed its reply to the same. In reply to the Plaint, the Defendant vehemently denies each and every statement, averment and submission made therein, as the same are false, frivolous, misconceived and wholly baseless. Before making a para-wise reply to the Plaint, the Defendant seeks to set out the Preliminary Objections and Submissions herein below, which are urged independently of, and without prejudice to, each other. The instant Reply is being filed on behalf of the Defendant, who is the Sole Proprietor of M/s Defendant's proprietorship firm name Defendant's firm name (continuation).

Written statements and replies

Related templates

Reply of defendant to application under Section 151 CPC for substitution of authorised representative

Reply on behalf of defendant no.2 to application under Order 39 Rules 1-2 CPC for interim injunction

Written statement by defendant in commercial suit for recovery arising from dishonoured cheques

Written statement by defendant in commercial suit for recovery of cheque-dishonour amount