Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible and definitely power..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Filing of replication is not necessary but optional, as major pleadings of parties are contained in plaint and written statement - While filing replication, plaintiff is not required to plead in detail, countering the assertions made by defendants in written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Filed after framing of issues and at the stage of evidence of plaintiff - To take the replication at a later stage is only an irregularity and not illegality...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - After nine years of filing of written statement - Name and address of the left out parties and also address of left out properties not furnished in additional written statement - Impugned order allowing application set aside...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional pleading - Not restricted to subsequent pleading by way of defence to set off counter claim only...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not filed for want of signatures - Court should have allowed the same, may be on imposition of some cost - Impugned order of trial Court set aside - Plaintiff directed to submit duly signed rejoinder on next date of hearing before trial Court...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non filing - Merely because replication is not filed, it cannot be assumed that case as pleaded in the written statement stood admitted...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Merely on account of no, filing of replication, Court cannot draw a conclusion that assertion made has remained unchallenged...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - No indication as to why defendant failed to disclose details in the original written statement - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication and rejoinder - Words replication and rejoinder are almost synonymous...........
