Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder to replication - Request not made to Court to grant opportunity to file rejoinder to the replication - A grievance of non grant of an opportunity to file rejoinder to the replication without there being a request cannot be made later on...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide need - Pleadings - Eviction sought on ground of personal necessity - Landlord had not stated that he was not in occupation of SCO Nos.3003-3004, Sector 22-D, Chandigarh after commencement of the Act and had not mentioned sufficient cause for vacating said premises either in petition or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction proceedings - Defects in pleadings - Rectification of - Held, if there is any defect in pleadings of landlord with regard to ground of eviction, same is not fatal to petition and same can be rectified immediately on raising such an objection - In present case, petitioner/tenant raised an..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non filing - Does not amount to admission of what is stated in the written statement - Replication is a facilitative procedure which parties adopt to join issues for denying what is brought through a written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - It is mere denial of new or fresh facts pleaded in written statement - No new or fresh facts can be pleaded unless permitted by Court - Issues are framed on the basis of pleadings viz., the plaint and the written statement - Granting permission to the plaintiff to file rejoinder would only make his disagreement..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Opportunity given but not availed - Sought permission to file replication after closure of evidence of plaintiff - Replication is mere denial of new or fresh facts pleaded in the written statement - Issues are framed on the basis of plaint and written statement - Role that can be attributed to the..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replication or additional written statement are both part of the pleadings included within the plaint and the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Necessary when new facts are stated in written statement which require to be replied by the plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - By accepting replication no new pleadings are being accepted but only the plaint is being supplemented in view of the new facts stated in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - The order accepting replica on record is an interlocutory order and it does not in any way decide any rights of the parties which may result in miscarriage of justice...........
