...rejoinder are in consonance and conformity with the original petition for divorce and no new facts are mentioned in the rejoinder.5. Considering the relevance of the averments contained in...subsequent pleadings earlier taken on record.3. Facts, in brief, are that respondent-applicant laid a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act...reply to the petition for divorce, respondent-applicant submitted rejoinder reiterating the grounds urged in the petition for divorce. The rejoinder was taken on record by the learned Court below as no...

...rejoinder affidavit about 45 new documents have been enclosed. In the rejoinder affidavit certain new facts have also been narrated. The prescribed authority despite objection by the petitioner tenant by t....It is true that new facts stated in the rejoinder affidavit and documents filed in respect thereof cannot be accepted unless the other side is given opportunity to rebut the same. It is not clear...rejoinder affidavit filed by the respondent landlord and the documents enclosed with it to consider if they are new to the case to afford opportunity to the petitioner tenant to rebut the same. It is...

...that in the rejoinder many new facts have been brought out. Therefore, in consonance with principle of natural justice opportunity is to be given to the parties to file supplementary reply affidavit. Let such reply...next date. For the present the vakalatnama filed today be accepted and kept with the record.Ld. Adv for the Pollution control Board has already filed status report. Objection be filed...to this by four weeks. Applicant has filed rejoinder to the OA which may be kept on record. Let a copy be served to the Ranchi Municipal Corporation through its advocate. It is pointed out before us...

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...basis of his plaint. In a rejoinder, plaintiff may simply explain if certain additional facts have been taken in the written statement but he cannot be allowed to come forward with an entirely new...Bench of Madras High Court held that where the defendant brings the new facts in the written statement, the plaintiff must get a chance to file a rejoinder challenging the truth and binding nature of...filed with the permission of the Court only if the defendant has raised a plea of new facts and, thus, permission must be granted after taking into consideration all the facts and circumstances of the...

...impugned order dated 02.06.2016, contended that since the defendant has brought in various new facts, the plaintiff - petitioner should have been given an opportunity to file rejoinder to meet with the...defendant has brought in numerous new facts, which are beyond his defence; in light of these, he submitted that the petitioner is required to file rejoinder.4. Attacking the order impugned, he...exercised its discretion and has observed that there are no new facts incorporated by the defendant in his written statement and the facts which have been stated in the written statement are nothing...

...dealing with a new case or additional facts pleaded by the defendant. Under the guise of presenting subsequent pleadings, a party cannot be permitted to make out a new case, or change the nature of the..., submits that there was absolutely no necessity for the petitioner to file the rejoinder and that the petitioner intends to make out altogether a new case on the basis of the same. He contends that the...under the rejoinder can certainly be the subject-matter of evidence and trial and that no interference is called for with the order under revision. 5. The suit was filed for the relief...

...with any new/ additional facts, for which filing of the rejoinder was necessitated. The learned trial court gone into the proposed replication/rejoinder and found that the proposed rejoinder, whic...made simple denial the facts asserted by the petitioner - plaintiff and none of the contents of the written statement can be said to be new/additional facts, for which the petitioner is required to...Procedure has been rejected. 2. Narrated in brief, the facts of the present case are that the petitioner herein had field a suit for specific performance against defendant...

...statement. This, in my considered view, is an apparent error.14. The observation of the learned Senior Civil Judge that “the petitioner cannot be permitted to plead new facts quite inconsistently with the or...Order 8, Rule 8 CPC.”6. The learned Senior Civil Judge also observed that:“The petitioner cannot be permitted to plead new facts quite inconsistently with...Order 8, Rule 9 CPC is much wider than Rule 8. Order 8, Rule 8 CPC (which deals with new ground of defence) permits either party to the suit to raise only a new...

...counter to the entire written statement. It was further observed that the written statement does not contain any such new facts which may require rejoinder. With the assistance of the learned counsel for...new fact, the learned trial Court ought to have allowed their application seeking leave to file rejoinder. He further submits that their application has been dismissed by the learned trial Court...considered opinion of this Court, the written statement does not contain any such new fact which requires rejoinder from the plaintiffs. Resultantly, this writ petition is...

...the additional facts which have been incorporated in the written statement.(c) The plaintiff cannot be allowed to come forward with an entirely new case in his rejoinder...be allowed to come forward entirely with a new case in rejoinder. Pleas inconsistent with earlier pleadings cannot be introduced by way of rejoinder4. Reliance was placed on...submitting a rejoinder, a plaintiff cannot be allowed to introduce new pleas in his plaint so as to alter the basis of his plaint. In a rejoinder he has to simply explain if certain additional facts have...

...petitioner that in the rejoinder, new facts were sought to be introduced and in the legal notice, it is stated that only hand loan has been received. Therefore, the rejoinder alone to be construed as...communication, he issued a notice stating that a rejoinder was given by the petitioner with false allegations. 3. It is the main contention of the learned counsel for.... Though it is stated that amount has been borrowed as hand loan, it was repudiated by way of reply wherein the petitioner/accused came with the claim that there were agreements only after rejoinder was...

...with false allegations. 3. It is the main contention of the learned counsel for petitioner that in the rejoinder, new facts were sought to be introduced and in the legal...file of the Principal District Munsif- cum-Judicial Magistrate, Vandavasi on the ground that notice has not been issued in time after dishonour of the cheque, whereas in the rejoinder, certain factual...aspects have been introduced and rejoinder was given only on 01.11.2008. In such view of the matter, initiation of the complaint based on such rejoinder notice dated 01.11.2008 is not according to law...

...rejoinder, the plaintiff may simply explain if certain additional facts have been taken in the written statement, but he cannot be allowed to come forward with an entirely new case in the rejoinder. At the...statement.c) The plaintiff cannot be allowed to come forward with an entirely new case in his rejoinder.d) The plaintiff cannot be permitted to raise inconsistent pleas so as...cannot be allowed to come forward with an entirely new case in his rejoinder.(iv) The plaintiff cannot be permitted to raise inconsistent pleas so as to alter his original cause of...

...) has been filed with the Rejoinder. It is also to the same effect. It is also significant to note from this Affidavit that said Dhani Ram is also ex-Khalasi Carriage Wagon  Central Railway, Jabalpur...Region  i.e. the same Department where Ram Narayan was employed. Photocopies of another notary affidavit (annexed with the said rejoinder) also are to the same effect. 6. These...affidavits show that new facts have been alleged-which certainly go to improve the case of the Applicant. At the same time such averments have been made at a highly belated stage  and must be accepted...

...copy of rejoinder which runs into voluminous number of pages with new facts, which in fact could not be perceived by this court as the copy of said rejoinder is not available with court...additional facts which has been incorporated in the written statement but however, now new facts can be permitted to put forth. In the absence of filing of rejoinder along with petition to ascertain whethe...also seen that no rejoinder copy is filed along with the petition to even peruse as to what facts they need to reply. The learned counsel appearing for petitioner/plaintiff had argued that only if the...

...and the additional pleas and urged that petitioners have pleaded certain new facts which are required to be controverted by subsequent pleadings. In the proposed rejoinder, averments of new facts in writte.... Regarding the requisite plea of the petitioners about the new facts averred in the rejoinder by the respondents-plaintiffs, learned court below made whole-hearted endeavour to examine the facts in entirety in con...facts in the written statement and have also taken additional pleas which require replication by the plaintiffs. In the draft rejoinder, all these pleas which as per the respondents-plaintiffs are new pleas are sought to be...

...rejoinder can never be meant for introducing altogether new facts. If her rejoinder is used for this purpose then respondent has to be given another opportunity for filing rejoinder. I consider that...discussing the facts on merits, I consider that crucial question before the Court is that whether averments made in the rejoinder can be considered or not for the grant of leave to defend. Ordinarily speaking...the averments made in the rejoinder are to be taken into consideration. Why facts in the present case are somewhat peculiar. Rejoinder is normally filed to explain certain averments made in the W.S A...

...made in the written statement and the rejoinder or replica can be filed with the permission of the Court only if the defendant has raised a plea of new facts and, thus, permission must be granted...in answer to new facts asserted in the written statement of the first respondent. 2. Heard Mr. Ajoy Pebam, the learned counsel for the applicant and Mr. A. Mohendro.../election petitioner submitted that while filing the written statement, the first respondent asserted new facts over and above the denial of assertion made in the written statement. In fact, the first...

...written statement and the additional pleas and urged that petitioners have pleaded certain new facts which are required to be controverted by subsequent pleadings. In the proposed rejoinder, averments of new ...a new case or incorporate certain inconsistent pleadings but then, plaintiff's right to file replication to meet with some of the new facts averred in the written statement is clearly permissible under ...statement and held that no new facts have been alleged in the additional written statement and, as such, there was no necessity for filing rejoinder.i. In the case of Subramanian (supra), it appears from par...