...file additional written statement, the defendant is trying to make similar allegations already made in the written statement. Further, the trial Court also came to a conclusion that under ...rejoinder. But as per Rule 9 of Order VIII, it is competent for any Court to grant leave to the defendant to file pleadings subsequent to filing of the written statement. The discretion has to be ...defendant and her husband are shown as attestors, that their signatures were forged and therefore she wants to file additional written statement. The trial Court after examining the pleadings in the...

...case, the Petitioners already filed their additional Written Statement on 19.8.2008 Initially, they filed their Written Statements on 9.2.2005 Filing of subsequent pleading in the form of additional ...viz., additional Written Statement cannot be permitted to be filed by the Petitioners as a matter of course/routine. In fact, the ingredients of...be allowed if they are relevant to prove facts placed before the Court and the order of rejection in filing the additional Written Statement has been set aside.’7. The learned Counsel...

...written statement cannot be permitted to be received. 9. However, ongoing through the written statement filed by the 4/... 2/6 held that when the additional written statement is sought to be filed belatedly and after plaintiffs' evidence...to only bring to light, facts which are inadvertently omitted or to clarify any facts that have already been set out in the earlier written statement and the Rule cannot be availed of to supplant the...

.... Learned counsel requested that in the above circumstances learned Sub Judge ought to have allowed petitioners to file additional written statement and received the document in question.4. Learned counsel fo...Information Act and based on that, wanted additional written statement to be filed. Petitioner also wanted the above said document to be received in evidence. The request was disallowed by the learned Sub ...raised specifically in the original written statement. Hence petitioners filed I.A No. 1962 of 2012 to receive the additional written statement and I.A No. 2059 of 2012 to receive document in evidence...

...statement. One reason is that some documents were left out in the original written statement, that was filed as early as 12.08.2011. The other reason given is that the plea of limitation has not been raised in the original ...brevity) with a prayer to grant leave to file additional written statement and receive the same.5. There are two reasons given by the sole defendant for filing of additional written...sole defendant in the Trial court qua plea of limitation.12. With regard to documents said to have been left out, it is seen that no documents have been filed with the additional written...

...in a Civil Suit cannot be permitted by the Courts. Parties are expected to establish their cases through plaint, written statement, documents and evidences as the case may be, which all are to ...and such exercise should not cause any prejudice to any of the parties. Therefore, rule is to raise all the grounds in the written statement and no additional pleading is to be permitted after... otherwise. The exception Clause in Order VIII Rule 9 cannot be expanded for the purpose of granting permission to file an additional written ...

..., appearing for the opposite parties, refuted such submission of Mr. Chakraborty by submitting that the defendants cannot be permitted to introduce such counter claim at this stage of the trial of the suit when the examinat...-disclosure of the aforesaid materials in the counter claim the pleading, in my view, is incomplete and/or defective and on the basis of such incomplete cause of action the defendant cannot be permitted to include counter c..., submitted that permission for introducing such counter claim by way of filing additional written statement, cannot be refused, provided however the cause of action for such relief arose prior to the fili...

...does not provide for the reply by the plaintiff subsequent to the written statement of a defendant. According to him, the additional written statement cannot be permitted to ...submits that the limitation cannot be reckoned from the date of clubbing of the two suits on 07.03.2012; it has to be reckoned from 08.09.2006, the date of filing the written statement in O.S.No.122...application is sought to be overcome by filing the proposed rejected additional written statement. He submits that Order 22 Rule 4(2) of Code of Civil Procedure, 1908 makes it...

...Rule 9 of Order VIII, it is competent for any Court to grant leave to the defendant to file pleadings subsequent to filing of the written statement. The discretion has to be exercised by the tria..., that in the rejoinder the plaintiff can be permitted to explain the additional facts, which have been incorporated in the written statement and that the application under Order VIII Ru...plaintiff can be permitted to file rejoinder to explain the additional facts which had been incorporated in the written statement even though the same were not mentioned in the application seeking leave. I...

...that the appellants cannot be permitted to file an additional written statement in this suit.7. Before adverting to the question involved in this case, it may ...Order 1 Rule 10 CPC praying, inter alia, that they should be permitted to file additional written statement and also be allowed to take such pleas which are available to them. The trial court reje...legal representatives of late Kapoor Chand should not be allowed to file an additional written statement. In fact, no useful purpose would be served by merely allowing these legal representatives to ...

...different stand from what was pleaded in their original written statement. Accordingly, the basis of claim of the defendants is to be scrutinized from the stand points of defence taken vide original written ...land as per the additional Issue No. 10 framed only after remand. On the garb of filing of additional written statement, the defendants can not be permitted to restructure their defence plea takin...written statement nor any such order was passed by the learned Trial Court allowing to amend the written statements. The additional written statement was required to be confined only to t...

...respondent should be permitted to file the additional written statement. The Court below has allowed the said application by permitting the respondent to file an additional written ...that by filing an additional written statement, inconsistent pleas cannot be permitted to be raised. Hence in the circumstance as stated by me earlier, in the case on hand, the respondent...particulars in its additional written statement, in the interests of justice, the respondent should be permitted to raise those pleas so as to enable him to establish those particulars with sufficient mate...

...2013, to permit him to file additional written statement. In the additional written statement, the defendant has stated some facts which were not disclosed in the original written ...).It is also stated that the defendant cannot be permitted to file an additional written statement raising a plea, which is destructive to the stand taken earlier in the...appearing for the revision petitioner contended that the defendant cannot be permitted to raise a new plea. As found by the lower Court, the defendant has not raised a plea which is contrary or destructive to the case plead...

...pray for rejection of any portion of the additional written statement. (4) The learned counsel for the petitioner relied upon a decision in g. Bullemmayi vs. G. Venkata reddy in which it is...the previous pleadings, cannot be permitted. It is further clarified that in view of the mandatory language used in order 6 rule 7 c. P. C. Prohibiting departure in pleadings, the ...contains pleas inconsistent with the grounds in the written statement, cannot be permitted to go on record under order 8 rule 9 c. P...

...previously put forward. A defendant also cannot ignore his earlier written statement while filing written statement to amended plaint. He has a right to have his say only with respect to the matter introdu.... It amounts to entertaining of a new plea and also the plea raised in the additional written statement which is inconsistent to the plea raised in the original written statement it cannot .... Law is well settled that after filing of written statement by the defendant, the additional written statement that may be filed by defendant after the amendment of the plaint should be ...

.... R.S. Goapalan and others (2007(1) CTC 586), it had been held that the defendant cannot introduce a new case or mutually destructive pleas, by way of an additional written statement....filing an additional written statement, cannot be allowed, if it seeks to raise inconsistent or alternative pleas, depriving the plaintiffs the benefit of statutory presumptions. The request for filing an...new case cannot be substituted by way of an amendment of the written statement. (c) In Heeralal V...

...the petitioner. Perused the order under challenge. 4. If petitioners' father was arrayed as defendant No.1, and if has already filed written statement and has led in rebuttal evidence and has produced ...statement. 5. It is more than trite that, legal representatives of original party, merely on account of death of litigant cannot be permitted to file an additional ..., cannot be a ground to file written statement. The learned Trial Judge having examined the written statement, found that the defence set up by the present petitioners is on the same lines. Theref...

.... Sakuntala (2009) 1 MLJ 609 in which the learned Judge has expressed his view that by way of additional written statement, defendants cannot ...03.01.2008 by observing that the petitioner cannot be allowed to put forth such plea by way of additional written statement especially when a detailed written statement has been filed by ...discretion of the Court in permitting amendment of pleadings has to be exercised judicially and the defendant cannot be permitted to amend the written statement to deny or dispute the plaintiff's ...

.... (iv) The Additional written statement is only explaining the stand taken by the defendants in written statement originally filed. 3.However, the trial Court dismissed the p...statement. In the additional written statement, the petitioner wanted to correct the name of the brother of one Poochi Naicker as Muthiah Naicker instead of Muthu Naicker. It is stated that the said...that the parties to the case should permit to raise their plea and any attempt of the plaintiff or defendant to explain their plea by additional information cannot be shut out at the initial stage...

...) 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 ...pleas cannot be allowed to be introduced so as to alter the basis of the plaint. In the rejoinder the plaintiff has simply to explain additional facts mentioned in the written statement and he ...been mentioned in the written statement and the plaintiff cannot be allowed to come forward with an entirely new case in his rejoinder. The position of the plaintiff, to make changes in his plaint...