Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Additional pleadings after filing written statement is often referred as additional written statement - Filing of additional written statement may be necessitated for the purpose of introducing new contentions or for clarifying or elaborating on the contentions already raised - That need not..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Subsequent events - Rejoinder is impermissible if such subsequent pleading sets up plea inconsistent with pleading in plaint - Draft rejoinder not filed while seeking leave - Court not justified in presuming that petitioners are proposing to set up new plea - Dismissal of application even without looking into draft..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not allowed to be filed since rejoinder did not accompany with application seeking permission to file rejoinder - Order set aside - Plaintiff allowed to file rejoinder both to written statement as well as reply to application to temporary injunction...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Subsequent pleadings - Replication - Explained factual aspect on basis of which plea in written statement had been taken - Cannot be said that replication was not essential for just decision of case - Order rejecting application on ground that there was no provision under Code to file replication - Improper and liable to be..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Can be filed to explain the stand in original written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14 -- Subsequent pleading - Admissibility of - Eviction petition on the ground of arrears of rent - Map and certain documents attached along with replication - No permission of court applied for - Order accepting replication along with documents - Not proper - Ordered to be set aside...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Application for filing additional written statement - Earlier same application dismissed without passing any order on merits - Second not barred - Order allowing filing additional written statement by appellate court - No illegality...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Can be filed with permission of Court - Replication is only meant for denying or clarifying facts stated in written statement - Fresh cause of action or fresh case cannot be brought about in replication - It is mainly clarificatory in nature...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Filing of replication is not mandatory - Presumption against plaintiff cannot be raised for non filing of replication...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Written statement - Giving wrong facts - Costs of Rs.10, 000/- imposed...........
