...filed by the respondent No.1, the relevant paragraph of which reads as: "3. The present answering respondent raise objection to the filing of the replication/ subsequent pleading on the following grounds:- ...election petitioner; (ii) The replication/ subsequent pleadings sought to be filed by the...an application filed by the applicant/ petitioner under order VIII Rule 9 CPC read with Section 87(1) of the RP Act, 1951 praying for grant of leave to file the subsequent pleading/rejoinder...

...learned Rent Controller, Chandigarh whereby his application under Order 8 Rule 9 CPC for filing the subsequent pleadings along with a prayer for rejecting the application filed by the respondent(landlords)...is also apparent that the replication was taken on record and thereafter, the present application was filed for subsequent pleadings which was allowed by the learned Rent Controller vide the impugned order on the sole groun...the subsequent pleadings have already been taken on record is very strange because by filing the subsequent pleadings he has been able to explain his position.As far as the argument of the learned Co...

.... 9. Even under the provisions of Order 8, Rule 9 the word 'rejoinder' is not used. The subsequent pleadings under Order 8, Rule 9 are commonly referred to as 'replication'. Thus, under Order ...subsequent pleadings / replication can be filed in the following eventualities: i) When required by Law; ii) That a counter claim is...routine manner. It is only when the Court arrives at a conclusion that it need elucidation on any point that it may direct parties to file subsequent pleadings under Order 8 Rule 9 of the Code. 11. No...

...plaintiffs cannot be permitted to file subsequent pleadings i.e., replication since there was no counter claim from the defendants. This is untenable.... - 10 - Under the Code of Civil Procedure (CPC), "subsequent pleadings" generally refers to any pleading filed after the defen...pleading in common law, is made by the plaintiff in an answer to the defendant's plea. Subsequent pleadings might include a replication (a...

...attention to Order VIII Rule 9 and contended that even in the absence of counterclaim or set off, the court can grant leave to file subsequent pleadings. Learned Counsel fairly admitted that the written...plaintiff to file subsequent pleadings, as would be evident from Order VIII Rule 9 itself and that, if at all, the subsequent pleadings can be filed only with leave of the court. Referri...provision being misquoted. I also find merit in the contention that even if counter claim or set off is not pleaded in the written statement, subsequent pleadings can be filed with the leave of the court....

...bad in law and at subsequent stage also, no time was sought to file replication and unnecessary pleadings have been included in the replication, which have no concern to the suit in controversy.../Additional District Judge/6th F.T.C Dehradun, in S.C.C Suit No. 14 of 2010, whereby the application for filing replication by the respondent/plaintiff was allowed and the replica paper no. 66-C was taken...allowed subject to cost and he also endorsed not to file replication of the amended written statement. Thereafter, second application was also moved and again the second amendment application to amend...

...pleadings can be filed after seeking the permission of the Court. When a re-joinder or replication in the nature of subsequent pleadings has been filed by a party after obtaining the leave of the Court, such a re-j...a part of the pleadings. Such a re-joinder or replication must then be treated as pleadings. The rejoinder or replication becomes a limb of the pleadings for all...pleadings and a supplement to the plaint. Such a re-joinder or replication cannot be characterised as an unwarranted pleading. Here in the instant case, the plaintiff filed the re-joinder or replication...

...pleadings are not substitute for amendment in original pleadings.(9) A plea inconsistent with the pleas taken in original pleadings cannot be permitted to be taken in subsequent pleadings....merely add to the bulk of the file and increase the job of the Judge going through the pleadings. Then there are some cases where unscrupulous plaintiffs exploit the opportunbity of filing replication...introduced for the first time by the plaintiff in his replication.8. Order 6 of the Code of Civil Procedure deals with pleadings generally. Pleading shall mean plaint or written...

...statement/replication by the parties to suit is provided under 0. 8 rule 9 CPC reproduced as under: - "0. 8 to 9 CPC Subsequent pleadings:- No...completely bars the subsequent pleadings including the replication unless it is with the leave of the court which means that the replication is provided under the rule though opposed by counsel for the...arrayed as defendant, a replication in the matter is warranted, whatever consequences it may have under law on allowing the same. The relevant provision regar­ding subsequent pleading i.e. written...

...its sweep all supplementary pleadings, viz., replication, rejoinder and additional W/s etc. Since this rule is of general application it will pervade and govern all subsequent pleadings of a party notwithstanding t...or replication, as the case may be, is circumscribed and limited by the restrictions envisaged in R. 7 0. 6. In other words, whenever permission is given to a party to file additional pleadings under...additional W/s to the amended plaint does not get an unfettered right to take up any pleas he chooses and a departure in the subsequent pleadings cannot be permitted in violation of the prohibition contained...

...replication. The plaintiff can reply on rule of implied or assumed traverse and joinder of issue.(8) Subsequent pleadings are not substitute for amendment in original pleadings....(9) A plea inconsistent with the pleas taken in original pleadings cannot be permitted to be taken in subsequent pleadings.(10) A plea which is foundation of plaintiff's case or essentially ...CPC does not stipulate filing of any written application seeking leave of the Court to file subsequent pleadings. The power of the Court is not circumscribed by any written application and such...

...Election Petition on 19.04.2017, which is after 39 days from the date of election. It is stated that the petitioner under the guise of his subsequent pIeading/replication is trying to amend his...provisions of Section 81 of the Representation of the People Act, 1951.5. The learned counsel then argued that subsequent pleading and ...CPC provides for pleadings subsequent to the written statement of the defendant, which reads as under:“No pleading subsequent to the written statement of a defendant other...

...of Representation of the People Act, 1951 (hereinafter referred to as “the Act, 1951”) praying for grant of leave to allow him to file a subsequent pleadings/surrejoinder in answer to the replication filed...are found to have been mentioned therein and the same are required to be controverted or clarified by him in the form of a subsequent pleadings/surrejoinder in answer to the replication of the...replication, the same is barred by delay and laches and that the application being MC(WP(C)) No. 8 of 2018 wherein prayer has been made to strike out the pleadings in the replication on the ground that new...

...of Representation of the People Act, 1951 (hereinafter referred to as “the Act, 1951”) praying for grant of leave to allow him to file a subsequent pleadings/surrejoinder in answer to the replication filed...are found to have been mentioned therein and the same are required to be controverted or clarified by him in the form of a subsequent pleadings/surrejoinder in answer to the replication of the...replication, the same is barred by delay and laches and that the application being MC(WP(C)) No. 8 of 2018 wherein prayer has been made to strike out the pleadings in the replication on the ground that new...

...of Representation of the People Act, 1951 (hereinafter referred to as “the Act, 1951”) praying for grant of leave to allow him to file a subsequent pleadings/surrejoinder in answer to the replication filed...are found to have been mentioned therein and the same are required to be controverted or clarified by him in the form of a subsequent pleadings/surrejoinder in answer to the replication of the...replication, the same is barred by delay and laches and that the application being MC(WP(C)) No. 8 of 2018 wherein prayer has been made to strike out the pleadings in the replication on the ground that new...

...Rothenberger India Pvt. Ltd. (supra), the Hon'ble Delhi High Court in paragraph 4 has explained that the origin of tradition for filing of subsequent pleadings and the said case was cited to project that the response to the written ...cannot be permitted to be taken in subsequent pleadings. (10) A plea which is foundation of plaintiff's case or essentially a part of causes of action of plaintiff, in absence whereof the suit will be liable to be dismissed or the p...partition dated 28.06.1997 By way of subsequent pleadings under provisions of Order VIII, rule 9 of the Code, the plaintiff intended to deny the legality of aforesaid document on various counts including t...

...Rothenberger India Pvt. Ltd. (supra), the Hon'ble Delhi High Court in paragraph 4 has explained that the origin of tradition for filing of subsequent pleadings and the said case was cited to project that the response to the written ...cannot be permitted to be taken in subsequent pleadings. (10) A plea which is foundation of plaintiff's case or essentially a part of causes of action of plaintiff, in absence whereof the suit will be liable to be dismissed or the p...partition dated 28.06.1997 By way of subsequent pleadings under provisions of Order VIII, rule 9 of the Code, the plaintiff intended to deny the legality of aforesaid document on various counts including t...

...), the Hon'ble Delhi High Court in paragraph 4 has explained that the origin of tradition for filing of subsequent pleadings and the said case was cited to project that the response to the written statement of defence is known as ...the trial court must record its satisfaction to the nature of subsequent pleading which is sought to be introduced. If the Court is satisfied that the subsequent pleadings are required for the just and fair decision of the ...subsequent pleadings. (10) A plea which is foundation of plaintiff's case or essentially a part of causes of action of plaintiff, in absence whereof the suit will be liable to be dismissed or the plaint liable to be rejected cannot ...

... subsequent pleadings. (10) A plea which is foundation of plaintiff's case or essentially a part of cause of action of plaintiff, in absence whereof the suit .... 24. Admittedly, on a reading of the averments set out in the subsequent pleading/replication, it is clear that they are the clarification and amplification of the earlier.... 6 CPC 7 Order VIII Rule 9.— Subsequent pleadings.— No pleading subsequent to the written statement of a defendant...

...that Order 8 Rule 9 provides for filing of subsequent pleadings which takes in replication of the plaintiff and rejoinder of the defendant. It is pointed out that the... be sufficient if the Courts understand all pleadings subsequent to the original plaint and written statement filed in ...: "9. Subsequent pleadings:- No pleading subsequent to the written statement of a defendan...