Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - An additional written statement, which answers the description of further pleading can be filed, mostly, to deal with a specific situation that has taken place after the pleadings in a suit are complete - Strong and acceptable reasons are needed to enable a party to file additional written..........
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 1 -- Written statement - Not filed within requisite period - Defence struck off - Case adjourned for summoning of remaining defendants - Petitioners accorded one opportunity to file written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replication or additional written statement are both part of the pleadings included within the plaint and the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Necessary when new facts are stated in written statement which require to be replied by the plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - By accepting replication no new pleadings are being accepted but only the plaint is being supplemented in view of the new facts stated in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 3, 4, 5 -- Written statement - Allegations of facts - If not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted against him...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off defence - Validity - Written statement not filed within stipulated period - Defence struck off - Petitioner 72 years old - Held, one more opportunity granted to file written statement - Impugned order set aside - Petition disposed of without issuing notice to respondents with a view to impart..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Provision of O.8.R.1 CPC is directory in nature - It is within the discretion of Court to take on record the written statement filed belatedly - Delay of 30 days - Suit for specific performance - In the interest of justice, written statement, already filed allowed to be..........
