Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Purpose of filing rejoinder is to place on record the facts to controvert new facts which are given in written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Defendants filed written statement and some additional pleas were taken by them - It was thus, necessary for plaintiffs to file rejoinder to controvert said pleadings which were taken in written statement - Scope of O.8.R.9 CPC not considered by trial Court while rejecting application for rejoinder - Impugned order..........
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...........
Rajasthan Rent Control Act, 2001, Section 9(i), 9(m) -- Eviction petition - Recalling of order by tenant - Tenant was in no manner responsible for delay in disposal of application - Entire responsibility for causing delay was of landlord who filed his rejoinder after expiry of stipulated time limit and then kept on delaying proceedings until he could succeed to bring..........
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...........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence - Respondent allegedly stated certain facts which are not accurate in his rejoinder filed in civil suit - However, explanation offered by respondent in his rejoinder seems reasonable - It would be difficult to conclude that respondent had deliberately tried to misled Supreme Court to obtain a..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Requirement of affidavit, (i) no affidavit is required to be filed with application u/s 34 of the Act except an affidavit needs to be filed only to extent that requirement of giving advance notice has been complied with; (ii) affidavit needs to be filed only in case contents have to be..........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
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...........
