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 - Principles governing : (a) 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, plaintiff can be permitted to explain the additional facts which have been incorporated in the written statement; (c) Plaintiff cannot be allowed to..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Plaintiff can be permitted to file rejoinder to explain the additional facts, which have been incorporated in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non filing of - Effect - Effect of not filing rejoinder as constituting an admission must be always understood in context of the particular statement made by a party that goes unrefuted...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication & Rejoinder - `Replication' in usage means reply to defendant's plea or answer - `Rejoinder' is used in common law pleading as answer to the plaintiff's replication - In language the words replication and rejoinder are almost synonymous - Replication cannot be filed as a matter of right and leave of Court is..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Additional written statement - Discreation of the Court to accept written statement or rejoinder at any stage of trial - When new pleas are raised in replication - Defendant entitled to file additional written statement to controvert the same - Provision of O 8 R 1 are direcory & not mandatory - Hakam Singh's case relied...........
Civil Procedure Code, 1908, Order 8, Rule 1, 9 -- Replication - Filed without accompanying an application seeking leave of Court to file rejoinder - Court cannot rely on allegations made in rejoinder and from drawing inferences from such allegations in the rejoinder...........
Civil Procedure Code, 1908, Order 6, Rule 5 -- Replication - Plaintiff intended to give better particulars of his claim in the light of the averments made in the written statement by the defendant and did not intend to take a fresh plea altogether different from the one he has already taken in the suit - Plaintiff permitted to file a rejoinder...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication or rejoinder to Written statement - A part of pleadings - Issues on the basis of replication - Permissible...........
Constitution of India, 1950, Article 226 -- Writ petition - New position in replication - Cannot be allowed. A party cannot be allowed to take up a new position in the replication which could have been taken up by him in his original pleadings, more so when the positions taken up in the petition and the rejoinder are inconsistent...........
