Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not allowed to be filed since rejoinder did not accompany with application seeking permission to file rejoinder - Order set aside - Plaintiff allowed to file rejoinder both to written statement as well as reply to application to temporary injunction...........
Civil Procedure Code, 1908, Order 8, Rule 1, 9 -- Replication - Filed without accompanying an application seeking leave of Court to file rejoinder - Court cannot rely on allegations made in rejoinder and from drawing inferences from such allegations in the rejoinder...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plaintiff can file a rejoinder with the leave of the Court even in cases where the defendant has not pleaded set-off or a counter-claim...........
Civil Procedure Code, 1908, Section 141, Order 8, Rule 9 -- Rejoinder - Can be filed to the reply of an application U.O.39.Rr.1, 2 in view of S.141 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - No new case can be set up in rejoinder...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Law does not compel plaintiff to file rejoinder - New fact in written statement - Burden on defendant to prove the same - Non filing of rejoinder does not mean that plaintiff has admitted the same...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication or rejoinder to Written statement - A part of pleadings - Issues on the basis of replication - Permissible...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - New pleas which are inconsistent and at variance with the pleas originally taken in plaint cannot be introduced - New pleas can only be introduced by way of amendment in plaint...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Principles governing - Enumerated - (a) The 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, the plaintiff can be permitted to explain the additional facts which have been incorporated in the written statement; (c) The..........
Civil Procedure Code, 1908, Order 8, Rule 8, Civil Procedure Code, 1908, Order 6, Rule 1 -- `Pleadings' - Mean plaint and written statement - Additional pleadings in O.8.R.9 not only include additional written statement but also include additional plaint which can be called rejoinder or reply...........
