Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - In common law pleading, word `replication' is generally used, which means reply made to the defendant's plea and `rejoinder' is used in general sense pleadings to refer to the second pleading of the defendant being his answer to plaintiff's replication...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejoinder to amended written statement - To be confined to whatever additional and new pleas are added in written statement and not beyond that...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder to amended written statement - To be confined to whatever additional and new pleas were added by way of amendment of written statement - Plaintiff cannot by way of rejoinder introduce pleas which are not consistent with earlier pleadings...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - It is a counter to the pleading raised in the written statement of the defendants - It is nothing but in the form of a written statement to answer the positive and independent claim made by the defendants in their written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Can be permitted to explain the additional facts raised in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder to replication - Request not made to Court to grant opportunity to file rejoinder to the replication - A grievance of non grant of an opportunity to file rejoinder to the replication without there being a request cannot be made later on...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant is not entitled to any relief merely on the ground that plaintiff has not filed any written statement/rejoinder to such counter claim - Defendant must prove his counter claim by adducing evidence...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - It is mere denial of new or fresh facts pleaded in written statement - No new or fresh facts can be pleaded unless permitted by Court - Issues are framed on the basis of pleadings viz., the plaint and the written statement - Granting permission to the plaintiff to file rejoinder would only make his disagreement..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Opportunity given but not availed - Sought permission to file replication after closure of evidence of plaintiff - Replication is mere denial of new or fresh facts pleaded in the written statement - Issues are framed on the basis of plaint and written statement - Role that can be attributed to the..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Principles governing : (a) Plaintiff cannot be allowed to introduce new pleas by way of filing rejoinder, so as to alter the basis of his plaint; (b) In rejoinder, plaintiff can be permitted to explain the additional facts which have been incorporated in the written statement; (c) Plaintiff cannot be allowed to..........
