Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of replication - Evidence yet to start - No mala fide in seeking amendment and same not inconsistent with the case set up - Order allowing amendment upheld - Defendant may file rejoinder to the replication, if he so desires...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Leave of Court - Plaintiff can be permitted to file rejoinder to explain additional facts which was incorporated in written statement even though same were not mentioned in application seeking leave to file rejoinder...........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Permission declined - Simple denial of facts of plaint - No new/additional facts asserted in written statement - Whatever has been stated by defendant does not call for any rejoinder/replication - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Non denial of contentions in the written statement - Does not amount to admission at all...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Pleadings by way of reply/replication to the contentions in the written statement would prejudice none - Conversely, denial of leave is likely to prejudice plaintiff although non denial by him of the contentions in the written statement would not amount to their admission at all...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication and rejoinder - Words replication and rejoinder are almost synonymous...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - In common law pleading, word `replication' is generally used, which means reply made to the defendant's plea and `rejoinder' is used in general sense pleadings to refer to the second pleading of the defendant being his answer to plaintiff's replication...........
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...........
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..........
