Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Preliminary objections and additional pleas taken by defendant in his written statement - Same are required to be controverted by plaintiff by way of filing rejoinder - Application allowed...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Leave of Court - Plaintiff can be permitted to file rejoinder to explain additional facts which was incorporated in written statement even though same were not mentioned in application seeking leave to file rejoinder...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Permission declined - Simple denial of facts of plaint - No new/additional facts asserted in written statement - Whatever has been stated by defendant does not call for any rejoinder/replication - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Non denial of contentions in the written statement - Does not amount to admission at all...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Pleadings by way of reply/replication to the contentions in the written statement would prejudice none - Conversely, denial of leave is likely to prejudice plaintiff although non denial by him of the contentions in the written statement would not amount to their admission at all...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - It is merely an answer to the proposition raised by defendant - It has to be considered by Court strictly in accordance with law at the trial - Rejoinder allowed to be taken on record...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Issue of exchange of property raised for first time in written statement - If theory of exchange as advanced by defendants is found to be correct, plaintiffs may loose their case - Plaintiffs therefore, entitled to question this pleading which can no, suit their case totally - Filing of rejoinder thus, warranted in..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not filed for want of signatures - Court should have allowed the same, may be on imposition of some cost - Impugned order of trial Court set aside - Plaintiff directed to submit duly signed rejoinder on next date of hearing before trial Court...........
Civil Procedure Code, 1908, Order 8, Rule 6(e), 6(g) -- Rejoinder to counter claim - Rejoinder not filed by plaintiff inspite of number of opportunities - However, where plaintiff has to admit portion of defendants case and contradict another portion of it, it is always advisable to file subsequent pleading by way of reply - Trial Court allowed request of plaintiff by..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication and rejoinder - Words replication and rejoinder are almost synonymous...........
