Civil Procedure Code, 1908, Order 6 -- Plaint - Amendment - Written statement to the amended plaint - To be normally confined to the portion of statement in plaint that stands amended - In view of the pendency of the instant case for more than two decades plaintiff given right to file rejoinder to the amended written statement, in case plaintiff feels aggrieved in any way..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 6, Rule 2 -- Divorce - Cruelty - Appellant/husband not able to make out his case that after solemnization of marriage respondent/wife treated him with cruelty by refusing to have sexual intercourse with him as well as by her promiscuous conduct - Wife specifically stated in her written statement..........
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..........
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 11, Rule 1, 2 -- Interrogatories - Plea taken in written statement controverted in rejoinder - Interrogatories related to the same set of facts - Once the facts have been asserted and denied then it is for the parties to establish the case by leading evidence - No question of allowing interrogatories - Order rejecting application, upheld...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Pleadings - Rejoinder - Writ petition drafted would show that it was taken to be a case of departmental enquiry and not to be a trial by Summary Force Court - Challenge to procedure and violation like holding of court of inquiry and record of evidence raised in the rejoinder only - Cannot be considered a..........
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...........
