Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - When additional written statement is not mutually destructive and admission made in the written statement are kept in tact and defendant want to explain their existing ground, application to seek leave to file additional written statement may be considered liberally...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - A replication is not a part of pleadings unless Court grants leave to present it, subject to such terms as it considers fit...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Permission to file - Rejoinder filed alongwith the application - Possibility of establishing new case and changing nature of suit not visible - As litigation is still at its preliminary stage as such no adverse affect would take place to the interest of parties, if such rejoinder is taken on record - Order allowing..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Contradictory stand has been taken by defendant in proposed additional written statement than what was pleaded in earlier written statement - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not filed alongwith application - In absence thereof it is impossible for Court to know what exactly is sought to be pleaded in proposed rejoinder - Order granting leave to file rejoinder set aside...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not warranted on account of averments already present in plaint - Order granting leave to file rejoinder set aside...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Delay in progression of suit for various reasons and even if a part of those factors could be referable to delay on the part of plaintiff, that cannot take away the substance of matter as regards question as to whether prayer for filing rejoinder was to be granted or not...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - By balancing the operations of rules of procedure, in the peculiar facts and circumstances of the instant case, rejoinder allowed to remain on record and at the same time contesting defendants allowed to file their further pleadings in the form of sur-rejoinder, which shall remain confined to any such fact, if at..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Can be filed with leave of Court to clarify or elaborate on contentions on record...........
Civil Procedure Code, 1908, Order 8, Rule 9, Constitution of India, 1950, Article 227 -- Additional written statement - Order allowing application for additional written statement - Petition u/art 227 of Constitution - When legislature has left it to discretion of Court to decide on permitting subsequent pleadings U.O.8.R.9 CPC, without any restriction similar to O.6.R.17..........
