Civil Procedure Code, 1908, Order 8, Rule 9 --- Rejoinder - Non-filing of rejoinder by plaintiff - Cannot be treated as admission of plea in written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plea not taken in petition can be taken in the affidavit in rejoinder...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Non filing - Cannot be taken as an admission when averments in written statement do not come within the definition of set-off or counter claim...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Plaintiff can be permitted to file rejoinder to explain the additional facts, which have been incorporated in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non filing of - Effect - Effect of not filing rejoinder as constituting an admission must be always understood in context of the particular statement made by a party that goes unrefuted...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plaintiff cannot be permitted to raise new pleas and facts in the garb of filing rejoinder so as to alter the basis of the case set out or come forward with a new case to which the defendant has no opportunity to reply - However, if defendant brings new facts in the written statement plaintiff must be afforded an..........
Civil Procedure Code, 1908, Order 8, Rule 9, Rajasthan Rent Control Act, 2001, Section 15(4), 21(3) -- Reply to rejoinder - Eviction petition - Proceedings before the Tribunal shall be guided by the principle of natural justice - New pleas and facts incorporated in rejoinder - An opportunity has to be provided to the opposite party to file a counter to the same to the..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication & Rejoinder - `Replication' in usage means reply to defendant's plea or answer - `Rejoinder' is used in common law pleading as answer to the plaintiff's replication - In language the words replication and rejoinder are almost synonymous - Replication cannot be filed as a matter of right and leave of Court is..........
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 1 -- Additional written statement - Discreation of the Court to accept written statement or rejoinder at any stage of trial - When new pleas are raised in replication - Defendant entitled to file additional written statement to controvert the same - Provision of O 8 R 1 are direcory & not mandatory - Hakam Singh's case relied...........
