Showing : 1-10 of 28 Results

JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication/subsequent pleadings - Leave of Court - Delay - An application U.O.8.R.9 CPC cannot be dismissed merely on the ground of delay...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent events - Issues yet..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Delay - Extension of time - Laches on the part of defendants - Merely because there are laches on the part of defendants, their right to file written statement should not be forfeited and reasonable costs should be imposed - Period of ten days granted to defendants for filing..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Additional written statement - In cases where sufficient reasons are assigned, Courts exercise their discretion to grant leave either for amending the pleadings U.O.6.R.17 or filing further pleadings U.O.8.R.9 CPC - Exercise of discretion for grant of leave depends upon facts and circumstances of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 8, Rule 1, 6A-- Counter-claim - Three modes of setting up counter claim are (a) In the written statement; (b) by way of amendment in the written statement; (c) by way of subsequent pleading U.O.8.R.9 CPC - In the later two cases counter claim cannot be brought on record as of right but shall be governed by the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 9-- Written statement - Amendment of written statement and additional written statement - Discretion of Court to allow subsequent pleadings U.O.8.R.9 CPC is wider than then discretion given to it by O.6.R.17 CPC - While in both events, parties to necessarily show diligence - In cases falling U.8.R.9..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Principles governing : (a) Plaintiff cannot be allowed to introduce new pleas by way of filing rejoinder, so as to alter the basis of his plaint; (b) In rejoinder, plaintiff can be permitted to explain the additional facts which have been incorporated in the written statement; (c)..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 8, Rule 6-A-- Counter claim - Three modes to set up counter claim are : (1) written statement may itself contain a counter claim; (2) may be preferred by an amendment in the written statement; (3) a counter claim may be filed by way of a subsequent pleading U.O.8.R.9 CPC - In the later two case counter claim is..........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication & Rejoinder - `Replication' in usage means reply to defendant's plea or answer - `Rejoinder' is used in common law pleading as answer to the plaintiff's replication - In language the words replication and rejoinder are almost synonymous - Replication cannot be filed as a matter of..........

Showing : 1-10 of 28 Results