Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Additional written statement - New claims and inconsistent pleas cannot be raised and for raising such pleas one has to resort to O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Resisted being belated, inconsistent plea taken and earlier amendment of written statement was granted - Proposed amendment based on two different pleas - Cannot be said to be to the prejudice of plaintiff leading to its rejection - Amendment allowed...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - New plea or a plea inconsistent to the pleas already taken cannot be allowed to be raised in replication...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Permissive possession admitted in written statement - Amendment sought to take the plea that their possession is adverse to the plaintiff - The said plea is not a subsequent development - Defendant is precluded from taking a totally inconsistent plea - Both the pleas run counter to each other -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing are : (i) All amendments will be generally permissible when they are necessary for determination of the real controversy in the suit; (ii) All the same, substitution of one cause of action or the nature of the claim for another in the original plaint or change of the subject-matter of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Whether new pleas inconsistent with written statement can be added or not - Specific plea taken of being a joint tenant - To incorporate plea that their father was tenant and he was member of Hindu Undivided Family - Altogether a new defence - Party cannot be allowed to take pleas changing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - When amendment allowed amendment of written statement - Court would examine whether such pleas sought to be raised by way of amendment in the written statement are in any way inconsistent with the previous pleadings...........
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 6, Rule 17 -- New & inconsistent pleas - Application dismissed - Same pleas in replication cannot be justified on the ground that defendant has also unauthorisedly introduced additional averments in amended written statement - Remedy for unauthorised induction by defendant lay in praying for the striking off the unauthorised induction -..........
