CiteTEXT
...provision of Section 15(4) of the 2001 Act specifically empowering the landlord to file rejoinder to reply to eviction petition, the Tribunal dismissed the application filed by the tenants...Tribunal. The tenants application for taking on record to rejoinder was filed after about six months subsequent to framing of issues. Aside of aforesaid, there is no provision in the 2001 Act to file...petitioner-non-applicant-tenants' (hereinafter the tenants') application for taking on record the reply to rejoinder filed by the respondents-applicants-landlords (hereinafter the landlords...
...cannot be permitted to file rejoinder/reply and there is no provision under the CPC permitting the plaintiff to file reply or rejoinder to the written statement. Hence, sought for dismissal of the...days for presenting the same.”6. A reading of the above provision makes it clear that there is no provision for filing rejoinder or reply to the written statement. This Court in the...CPC seeking permission of the Court to file additional pleading/rejoinder/reply to the written statement. The defendants filed objections to the application contending that the plaintiff...
...allowed by the Court below. Thereafter, the plaintiff/petitioner filed a rejoinder in reply to the amendment, which has been disallowed. The said rejoinder was not taken on record by the Court below by...order dated 04.08.2010 The Court below has assigned a reason that under Order 8 Rule 4 of CPC, denial can be made only in the written statement. There is no provision for...rejoinder etc. under CPC.Shri Tomar, learned senior counsel submits that if tenant/defendant was permitted to carry out the amendment, petitioner/plaintiff had a right to have his say and...
...provision provides that the petitioner may thereafter file rejoinder after serving copy to the opposite party within a period of 30 days from the date of service of reply. The aforesaid provision...cannot be accepted after passing over of a period of 45 days, while the provision contained in Sec. 15(4) is directory only, which means the rejoinder can be filed within a period of 30 days, is a...directory provision. So the Tribunal has discretion to allow the rejoinder even after completion of 30 days.3. In the present case, the provision of law does not prohibit the Ld...
...there is no provision for filing a rejoinder to the plaint unless there is a counter claim. The trial court considering the same has rightly rejected the application and there is also delay in filing...
...the Principal Judge, Family Court, Bengaluru in G & WC No.127/2017, by which, the rejoinder filed by the petitioner has been rejected on the ground that there is no provision in the Karnataka Civil...Rules of Practice, 1967 to file a rejoinder to the interlocutory application. 3. When the matter was taken up today, learned Counsel for the petitioner submitted that he shall file...
...into 1200 pages and therefore there is some delay in filing rejoinder and/reply.There is no provision either in the Companies Act or Rules prescribing the period to file pleadings. The...strike off the right of the petitioner to file the rejoinder in TP 125/2016 and the right of the original petitioner to file reply in the application pending in TP 125/2016.Original...petitioner is directed to file their rejoinder in the main petition and replies in the applications i.e. IA 23, 24, 25, 26/2016 within four weeks from 22.12.2016.Original petitioner filed...
...into 1200 pages and therefore there is some delay in filing rejoinder and/reply.There is no provision either in the Companies Act or Rules prescribing the period to file pleadings. The...strike off the right of the petitioner to file the rejoinder in TP 120/2016 and the right of the original petitioner to file reply in the application pending in TP 120/2016.Original...petitioner is directed to file their rejoinder in the main petition and replies in the applications i.e. IA 16, 17, 18/2017 within four weeks from 22.12.2016.Original petitioner filed...
...Complainant sought to file a rejoinder to the said written version of the OPs. Vide the impugned order the said rejoinder has been rejected on the ground that there is no provision for filing said rejoinder.... Copy of Complaint, reply and rejoinder filed before District Forum as well as copy of evidence if recorded and other documents relied on by both the parties. (All the Annexures must be attested as...True Copy on the last page with name & signature). Lr. Counsel for the Complainant therefore urged that a rejoinder can be filed by a Complainant to the written version of the OP and hence the...
...be permitted to file rejoinder/reply and there is no provision under the CPC permitting the plaintiff to file reply or rejoinder to the written statement. Hence, sought for dismissal of the...makes it clear that there is no provision for filing rejoinder or
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reply to the written statement. This Court in...9 of CPC seeking permission of the Court to file additional pleading/rejoinder/reply to the written statement. The defendants filed objections to the application contending that the plaintiff cannot...
..., holding that there is no provision under the Act of 2001, which permits filing of reply to the rejoinder. Regarding the new facts stated in the rejoinder, the learned Tribunal opined that the rejoinder...erred in holding that the rejoinder filed only explains the averments made in the reply.11. The learned Tribunal has also erred in holding that since there is no provision permitting...filing of the rejoinder but there is no specific provision for permitting any subsequent pleadings thereafter. However, sub-section (3) of Section 21 of the Act of 2001 specifically provides that the...
...reply or rejoinder as against the amendment carried out to the written statement. The said application came to be rejected holding that there is no provision in the CPC to file reply/rejoinder. Consequent...reply/rejoinder consequent upon the amendment of written statement. An application had been filed under Order 8 Rule 9 of CPC, requesting the court to permit him to file...Order 8 Rule 9 of CPC. There is no definition of Reply or Rejoinder in Section 2 of CPC. But Order 8 Rule 9 of CPC enables the court to permit additional pleadings...
...the Tribunal in that regard; and that Section 15(4) of the Rajasthan Rent Control Act, 2001 (‘the Act’) provides only for filing of rejoinder but there is no provision that permits filing of...documents after serving copies thereof to the applicant within 45 days of service of notice. In such chronology is the provision concerning rejoinder as contained in sub-section (4) of....9. So far permissibility of filing of documents and affidavits with rejoinder is concerned, the provision being an integral part of the scheme of completion of pleadings and evidence before the...
...that there was no provision to file such rejoinder. The learned Judge by the impugned common order rejected the Application (Exhibit-89) as well as refused to take on record the rejoinder (Exhibit-84...) primarily on the ground that there is no provision in the Code of Civil Procedure to file such a rejoinder.
3. It transpires that the petitioner thereafter sought a review....
2. In a suit filed by the petitioner for declaration and injunction, after the respondent No.1 filed his written statement the petitioner straight away tendered a rejoinder (Exhibit-84...
...should do the needful. DECISION: I do not find either in the appeal or in the rejoinder any grievance relating to non provision of information sought for by the appellant has been voiced. From the facts...asserted that whatever information was sought for by the appellant has been provided. In the rejoinder, the appellant has stated that he is entitled for jointing time, TA/DA and therefore this Commission...of this case and also the relief sought in the rejoinder, I find that the appellant has sought for redressal of his grievance relating to service matters. There is no scope under the RTI Act to...
...application filed by the plaintiff on the main ground that the petition is purported to be filed under section 151 CPC and no specific provision is mentioned by the plaintiff for filing a rejoinder. The lower...for the petitioners.2. This revision is directed against the order passed by the lower Court refusing to permit the plaintiff to file a rejoinder to the written statement filed by the...the plaintiff-mutt to file the suit. In the proposed rejoinder the plaintiff wanted to explain how the Manager is competent to institute the suit on behalf of the mutt and in what capacity the suit is...
...:“11. The learned Tribunal has also erred in holding that since there is no provision permitting filing of the counter to the rejoinder, therefore, the petitioner herein cannot be permitted...to file reply to the rejoinder. It is true that in sub-section (4) of Section 15 of the Act of 2001, permits filing of the rejoinder but there is no specific provision for permitting any subsequent...-tenant seeking leave to file counter to the rejoinder filed on behalf of the respondent-landlord has been rejected.2. Learned counsel for the petitioner contended that the respondent in...
...:“11. The learned Tribunal has also erred in holding that since there is no provision permitting filing of the counter to the rejoinder, therefore, the petitioner herein cannot be permitted...to file reply to the rejoinder. It is true that in sub-section (4) of Section 15 of the Act of 2001, permits filing of the rejoinder but there is no specific provision for permitting any subsequent...-tenant seeking leave to file counter to the rejoinder filed on behalf of the respondent-landlord has been rejected.2. Learned counsel for the petitioner contended that the respondent in...
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No rejoinder has been filed and provision of Scheme has also not been denied by the petitioner. Since, factual aspect which has been mentioned in the reply of the respondents are not denied by the...
...to that post. Law does not permit the applicant to make a new case in the rejoinder. The provision of rejoinder gives an opportunity to the applicant to explain the new facts averred by the...-I in grade pay of Rs.4200/- was required to be filled up as per promotion norms. As per RBE No.102/2013 provision of reservation policy was made applicable under cadre restructuring. In this regard....
4. Applicant in rejoinder while reiterating his stand taken in the OA submits that Bahadur Singh did not have the requisite qualification to be promoted on the post in...