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 -- 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 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
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 -- 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 6, Rule 17 -- Amendment of replication - Evidence yet to start - No mala fide in seeking amendment and same not inconsistent with the case set up - Order allowing amendment upheld - Defendant may file rejoinder to the replication, if he so desires...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 1 -- Replication - Once Court permits filing of replication the same would be treated as part of pleadings...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - To explain the contents of judgment - Not known to law - Dismissal of application calls for no interference...........
