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...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Additional plaint - Subsequent to filing of written statement - Can only be filed when amendment of plaint is allowed and not otherwise...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - It is a counter to the pleading raised in the written statement of the defendants - It is nothing but in the form of a written statement to answer the positive and independent claim made by the defendants in their written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Can be permitted to explain the additional facts raised in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non-filing of - In the absence of denial of specific pleadings made in written statement, same are deemed to be admitted...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Reapplication is always part of pleadings - Trial Court allowed filing of replication keeping in view the averments made in written statement - Order upheld...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Case fixed for replication and issues - Issues were framed without asking for replication - An opportunity to file replication should be given to the plaintiff - If on filing of replication, Court feels that any fresh issue arises, then Court would be at liberty to frame any fresh issue...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Pleadings in civil suits are restricted to plaints and written statements - After issues are framed replication cannot be filed as a matter of right to controvert the pleas taken in written statement - Pleas taken in written statement which are new can only lead to framing issues - Court rightly dismissed..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - New plea - Purpose of filing replication is to respond to the new pleas taken by defendants in their written statement - Contention that new plea cannot be raised in the replication cannot be accepted...........
