CiteTEXT
...respondent's reply which have been duly controverted by the petitioner in their rejoinder. Though the Ld. Counsel for the Respondents concedes that the rejoinder can be read as part of the pleading, it...care of the rebuttal to the submissions made by the respondents and which also find a mention in the Rejoinder on record. The amendments, upon incorporation, shall elucidate the pleadings. The...Ld. Counsel for the petitioner presses disposal of his application which is for amendment of the petition.Vide the present CA, amendments are being prayed so as to...
...the respondent to file a rejoinder.
Under Order-VIII Rule-9 of the Code of Civil Procedure, a party shall not file any pleading subsequent to the filing of...the written statement of the defendant either by way of a defence to set-off or counter claim, except by the leave of the Court. Though Order-VI Rule-1 C.P.C. has not included rejoinder as a pleading..., conventionally, the Courts invariably allow rejoinders to be filed as part of additional pleadings.
This Court in Gorantla...
...C.P.C. has not included rejoinder as a pleading, conventionally, the Courts invariably allow rejoinders to be filed as part of additional pleadings.4. This Court in Gorantla...District Judge, Guntur, permitting the respondent to file a rejoinder.2. Under Order-VIII Rule-9 of the Code of Civil Procedure, a party shall not file any pleading...reading together that it permits only additional written statement by way of pleadings. Because the expression used therein is that no pleading subsequent to written statement shall be filed meaning thereby...
...defendant's plea; and a rejoinder as a second pleading in common law on the part of the defendant being his answer to the plaintiff's replication.(see pp 1288(1) and 1300 (1...colossal delay in hearing and disposal of matters, far from expediting the trial. More often then not didtinction between introducing a plea by way of amendment of pleading and introducing plea by ...be served except with the leave of the Court. Pleading subsequent to a reply preserve their traditional name i.e rejoinder,11.1 Below para 54 it is stated that a plaintiff who serves a...
...purchase the odometer was showing 8436 Km and the fact was mentioned in the rejoinder which is not a part of pleading of the complainant. Not only this the complainant has also not filed any evidence in...redressed the grievances of the complainant which amount to deficiency in service and unfair trade practice on the part of OPs. Hence, this complaint. It is prayed that the complaint may be allowed...stated that story of clamped of odometer is a self made story of the and prayed that the complaint may be dismissed.
4. Rejoinder to the reply of the OPs filed by the...
Can't display summary as content is Scanned, Please open the judgment to see full content.
Can't display summary as content is Scanned, Please open the judgment to see full content.
...answer to the defendant's plea; and a “rejoinder” as a second pleading in common law on the part of the defendant being his answer to the plaintiff's replication.13. Where plaintiff wishes...allowing him to change his pleading and raising new ground of challenge in contravention of the provisions of the...provisions of Section 81 of the Representation of the People Act, 1951.5. The learned counsel then argued that subsequent ...
...C.P.C. has not included rejoinder as a pleading, conventionally, the Courts invariably allow rejoinders to be filed as part of additional pleadings.
4. This Court...on the proceedings in the suit; that the proposed additional pleadings would change the nature of the suit; and that the written statement or rejoinder has to be filed within 30 days from the date of...amendment of pleadings before commencement of trial would be liberally allowed, whereas the present application is not filed for amendment of pleadings, but a rejoinder answering the pleadings raised...
...C.M. No. 18107-CII of 2019 Application is allowed. Rejoinder is taken on record. This contempt petition has been filed pleading wilful The operational part of the order is reproduced...below: ''In the light of the facts which are duly supported with documents on record, the writ petition is disposed of with a direction to respondent Nos.3 & 4 to verify the records and if the...averments made herein-above are found correct, issue necessary occupation certificate as well as revised allotment letter to the petitioner within a period of three months from the date of receiving a...
..., the complainant did not opt to file the replication or rejoinder which could be construed as a part of the pleading. Therefore, as per pleadings, complainant does not fall within the definition of...complaint shows, a 250 sq. ft. commercial booth was booked of which part payment of Rs.9,07,500/- was made on different dates. Between the lines perusal of the paragraphs of the consumer complaint does...it was a commercial transaction. The complainant had the option to file rejoinder and clarify, investment was made with a view to earn livelihood by way of self-employment of the complainant. However...
...have the notice of that plea, that must be deemed to be the part of the pleading.6. The next case on this point is (1988) 4...the detention of the petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called “Cofeposa Act, 1974) was illegal. There was no pleading...quash the impugned order. These review petitions have been filed only on one ground, i.e, that the finding of the learned Single Judge that there was no material/pleading challenging the legality and...
....
15. The conduct of the complainant in requesting for condonation of delay , in para 5 of rejoinder shows half hearted admission and realization that complaint is barred by limi...part to credit the draft amount in the account of the complainant. It denied that it promised to return the amount of FDR in the first instance and then process the case for obtaining approval of...higher authority of the bank for payment of damages/compensation. It prayed for dismissal of the complaint.
9. Complainant filed rejoinder. According to him OP bank inspite...
...
12. It is apposite to mention that pleas taken in the replication is part of pleadings and, therefore, the averments made in the replication unless replied may be considered ..., defines "replication" as pleading in common law made by the plaintiff in an answer to the defendant's plea; and "rejoinder" as a second pleading in common law on the part of the defendant being his...allow the election petitioner to file rejoinder to the subsequent pleading of the first respondent and the learned senior counsel also relied upon the following decisions in support of his arguments...
..., stating the reference to paragraph number of the pleading of the other side; Part- B shall set out the plea urged by way of rejoinder.
5. Filing by either pa...final hearing.
4. Rejoinder, shall be divided in two parts: Part-A would set out in brief such plea of the other side, as is sought to be dealt with by Rejoinder...
assigned numbers as --> RD-1, RD-2 and so on. Page number of each volume shall begin from number 1. The volumes of pleading need not be assigned a separate ...
...last rites and Shradh of Bindabati were performed by them. His further argument was that Ext. 5 (rejoinder petition) should be treated as part of the pleadings. Hence the question before me is whether Ext. 5 which ...first appellate Court has held that the rejoinder petition (Ext. 5) cannot be taken to be the pleading as defined under Order VI, Rule 1 of the CPC. Order VI, Rule 1 defines...pleading shall be signed by the parties and his pleader where Rule 15 says that every pleading shall be verified at the foot by the party.20. From perusal of the rejoinder petition (Ext. 5...
...respondent in the suit is pleading. Rejoinder, if received, would also be pleading within the meaning of Order 6, C.P.C., Since pleadings form part of the record, they need not be marked and can b...the 1961 Act, Chapter I, Part II of the Arbitration and Conciliation Ordinance, 1996 (which is the same as Chapter I, Part II of the Act) substantially re-enacted the provisions thereof with some...the 1st respondent to receive the rejoinder and a copy of the plaint in O.S. No. 4 of 2001 filed by the Principal of the 1st respondent against the appellant. Written statement filed by the 1st...
..., defines "replication" as pleading in common law made by the plaintiff in an answer to the defendant's plea; and
"rejoinder" as a second pleading in common law on the part...of CPC praying for granting leave to file the subsequent pleading/replication in answer to the new facts asserted in the written statement dated 04.08.2022 of the first respondent...for the petitioner submitted that in the pleading made in paragraphs 1(i) to (x), 10, 12, 13, 14, 15, 16, 18, 18.1, 18.2, 18.3, 19, 21 and 30 etc. of the written statement dated 4.8.2022, the first...
...satisfaction of complainant. This fact has been admitted by the complainant in their rejoinder which is also a part of the pleading, but this contention is not tenable as the news publication have been pro....
3. Rejoinder to the written statement of OP filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised..., therefore the fault is on the part of the OPs. Even during the pendency of this complaint, the OP has not brought on the file any cogent and convincing evidence, whereby the OP can establish that...
...OPs to the satisfaction of complainant. This fact has been admitted by the complainant in their rejoinder which is also a part of the pleading, but this contention is not tenable as the news...categorically denied and lastly prayed that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement of OP filed by the...prescribed period, therefore the fault is on the part of the OPs. Even during the pendency of this complaint, the OP has not brought on the file any cogent and convincing evidence, whereby the OP can...