Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Cannot be filed as a matter of right or course - It is to be filed only when it is necessary...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Replication, if filed, in a given situation, the same also can be looked into to see whether there is any admission on the part of plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - New Plea - Present is not a case where it could be said that plaintiff has sought to introduce fresh/new plea in the replication, which does not find mention in the plaint as originally filed - Merely because plaintiff in his replication has extracted/quoted from the statements contained in documents filed along..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - Right of defendant to deal with the averments made in the replication can be addressed by granting an opportunity to the defendants to file an additional written statement - Considering the fact that two additional documents have been filed later and referred to in the replication, defendant is permitted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after filing of replication and before framing of issues - Amendment sought is thus at the initial stage of suit - It cannot be said that amendment sought is delayed - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 8, Rule 9 -- Mutually destructive case set up in plaint and replication - Destroys the very foundation and basis of cause of action - Suit is liable to be dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Partition suit - Plaint does not disclose the cause of action as required by law - Plaintiff claims that two suit properties were purchased out of ancestral properties - However, plaintiff failed to plead and give the necessary particulars and a cause of action as to what and where these properties were - Moreover,..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Plea of repayment of loan, raised in written statement, not controverted by filing replication - Does not amount to admission on the part of plaintiff with respect to repayment of loan - Finding can be recorded by Court only when admission is unequivocal and unambiguous - Judgment cannot be passed on the basis of..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/subsequent pleadings - A new case cannot be permitted to be introduced by plaintiff but he can be permitted to explain additional facts that have been pleaded in the written statement - Plaintiff cannot be permitted to raise any inconsistent pleas so as to alter his original cause of action - It enables plaintiff..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/subsequent pleadings - Leave of Court - Delay - An application U.O.8.R.9 CPC cannot be dismissed merely on the ground of delay...........
