Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Not filed with leave of Court - Such replication cannot be considered as part of pleadings - Permission granted to withdraw such replication - No interference in order warranted - However, defendant shall be at liberty to confront plaintiff based on statement, if any, made in the replica in question...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replica not filed by plaintiff with leave of Court - Mere acceptance of replica on record will not amount to permission or leave to file replica...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Reason given for necessity to file rejoinder in the application - Rejoinder also filed along with the application - Application allowed...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plaintiff did not mention anything in his application about new facts being mentioned in the written statement filed by defendants - Even, last opportunity was granted to plaintiff to produce evidence but instead of producing his witnesses in evidence, plaintiff filed present application which shows the lethargic..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replication though not pleading specifically provided U.O.6.R.1 CPC but it attains character of pleadings when permitted to be filed by Court...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Mere non-filing of a replication would not amount to admission of facts pleaded in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Mere non filing of replication to written statement cannot be termed to be an admission of fact pleaded therein - CPC nowhere mandates filing of replication to rebut the averments made in written statement...........
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..........
