...been held that ‘pleading’ means plaint or written statement. Replication is not a pleading.7. This Court had also an occasion to examine a similar controversy in...not find any reason to allow amendment of the replication.4. Learned counsel for the plaintiffs has argued that amendment of the replication was necessary so that a proper plea...' application for amendment of their replication has been rejected.2. Plaintiffs filed a civil suit for possession of land. The defendant-respondent No. 1 took a plea in his written statement...

...and for that purpose he need not file a replication.10. Black's Law Dictionary, 6th Edn, defines replication as pleading in common law made by the plaintiff in an answer to the...permissible) is a replication. A pleading filed by the defendant subsequent to replication is a rejoinder.14. A replication is not to be permitted to be filed ordinarily, muchless in...pleading by way of replication or rejoinder) for elucidating the pleas when necessary, especially in complicated case. The direction does not confer any right on a party to file a subsequent pleading...

...Bean Coffee Trading Co. Ltd, v. Zarir Minoo Bharucha and Another1, was not correctly analysed. Thirdly, replication can be filed to the written statement for not only denying the pleading in the...Rule 9 is to meet the said situation and not to enable the plaintiff to file subsequent pleading by way of a replication.10. In the case of Mohammed Abdul Gafoor and Others v...written statement does contemplate further pleading. It was held that, it is permissible to the plaintiff to file a replication to add to his pleas already made in the plaint, subject to the condition...

...Counsel for the petitioner contends that the replication cannot be treated to be part of pleading, inasmuch as the Order VI, Rule 1 does not include the replication as part...for all pleading. The said Appendix does not contain anything by way of form relating to replication. The expression used in Rule 1 “plaint or written statement” is also clear and specific. In order...whether the same amounts to further or better particular, it can not be said that a replication can do form a part of the pleading. Thus, specific provisions has been laid down in Order VI, read with...

...question of marking the presence on 25.04.2005. This aspect has not been examined by the Court below. Line in the replication is sought to be deleted. He further submits that the said amendment has been...not part of the pleading where there is material contradiction which cannot be rectified as valuable right has been accrued. Stand was taken that it was only 22.04.2005, therefore, date of 25.04.2005...Amit Rawal, J. (ORAL):— Petitioner-plaintiff is aggrieved of the impugned order dated 21.05.2015, whereby the application for incorporation of the amendment in the replication during the...

...-parcener could not be dispossessed from the suit property. He also maintained that his possession was not permissive and was rather as a co-parcener. This replication was filed by him on 17th February, 1987...statement to the additional or the counter claim raised by the respondents in their written statement. He highlights that strictly speaking a replication unless permitted to be filed by the Court is not...even a pleading in view of order 6, rule 1, civil procedure code. He, therefore, urges with some amount of vehemence that no further reply or rejoinder to a replication can thus be allowed to be...

.... 10. Paragraph Nos.23 & 29 of Noorul Hassan (supra) reads as under :- "23. Replication, though not a pleading as per Rule of ...not a pleading as per Rule 1 of Order 6 CPC, is permissible with the leave of the Court under Order 8 Rule 9 CPC, which gives a right to file a reply in defence...clarified that while considering grant of leave, the court must bear in mind that, (a) a replication is not needed to merely traverse facts pleaded in the written statement; (b) a replication is not a...

.... 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...pleading made in the election petition and if the pleading of the election petition is read conjointly with the pleading of the replication, the pleading of replication are the addition of facts o...averments made in the written statement to the election petition. That apart, prima facie, the averments pleaded in the replication are not contrary to the averments made in the election petition and in...

...replication which is a pleading, if permitted by the Court, has any new facts/legal issues, the same would not be part of the issues which are framed by the Court and hence the issues which are framed...certain additional documents has been taken on record and evidence has also not been filed. This, according to the ld. counsel is a procedure unknown to law as the replication has raised several... the replication. Since the issues are framed and the case has proceeded for filing of evidence, replication could not have been permitted to be taken on record...

...petitioner to file the replication, no prejudice would be caused to the respondent and on the other hand, if leave is not granted, the petitioner would be put to great hardship and inconvenience. In...provisions of Section 81 of the Representation of the People Act, 1951.5. The learned counsel then argued that subsequent pleading and ...be filed contains new pleading and the ground of challenge not incorporated in the Election Petition is not permissible inasmuch as it is barred by time as provided under the...

...Order 6 Rule 17 read with Section 151 CPC, seeking amendment of the replication. The defendant/respondent herein opposed the same, inter alia, on the ground that the replication did not form...that neither had the plaintiff filed any written application seeking permission nor was any permission granted by the Court permitting him to file the replication. Hence, the replication not being.... for thedefendant.Replication not filed. Put up for filing replication if any, and filing of proposed issues on 18.9.2007Sd/-Reader...

...the said replication, on the ground of pleading beyond the amendment permitted. On a reading of the entire replication, it cannot be said that the plaintiff is not pleading or setting up the...for the defendants has contended, (i) that the plaintiff, in the replication to the original written statement filed by the defendants disclosing registration in their favour, did not take the plea of...the part of the plaintiff in its replication in this regard, does not arise; (v) that the plaintiff is aware of at least the first registration in favour of the defendants since 2014, when the first...

... of the pleading i.e. the replication & are not causing any prejudice at this stage. The parties shall now file the photocopies of their...Joint Registrar while passing the Impugned Order observed that "..... since the documents are part of the pleading i.e. the replication & are not causing any prejudice at this stage...the Defendants that the documents filed along with the Replication and taken on record vide Impugned Order are not executed after filing of the present Suit, but were in existence much prior...

...questions in controversy between the Parties. What was sought to be brought on record by way of amendment is a replication to the written statement and not by of additional pleading. In the said view...deletion to the said pleadings can be by way of an amendment being permitted u/O 6 Rule 17 of C.P.C and not by granting leave to file replication. Thus, the order passed by the...trial court has passed the impugned order dated 09.01.2013, whereby, I.As'. 3 and 4 have been dismissed.3. The prayer in I.A 3 could not have been granted in view of the ratio of the...

...the plea of adoption taken in the replication cannot be looked into as replication is not a part of pleading. Under Order 6 Rule 1 of the Code of Civil Procedure ‘pleading...’ means plaint or written statement. In other words replication is not a pleading. But in the present, case the plea was that M/s. Hira Lal Sri Bhagwan had been in possession of the suit premises. Duli...Bhagwan by Hira Lal was not pleaded and that the plea in replication to that effect cannot be looked into, (3) Sri Bhagwan is the son of the appellant and was never adopted by Hira Lal, and (4) the...

...statement. Thus replication is not a pleading for claiming relief. Rule 2 Order 6 of the Code provide that the pleadings shall contain a statement of Material facts on which...specific and if it is not the allegations shall be deemed to be accepted by the appellant. Reply on behalf of the appellant as contained in the replication does not specifically deny the allegations of..., 1974 to the effect that she had obtained divorce from the appellant that she could not live with him, that they were not husband and wife and that she had no claim against him. He further says that...

...(when permissible) is a replication. A pleading filed by the defendant subsequent to replication is a rejoinder. 15. A replication is not to be permitted to be filed ordinarily, much less...: “14. Decided cases in India use the term rejoinder loosely for a reply or replication filed by the plaintiff in answer to the defendant's plea. Strictly speaking a reply filed by the plaintiff...in routine. A replication is permissible only in three situations : (1) when required by law; (2) when a counter claim is raised by the defendant; (3) when the Court directs' or permits a replication...

.... On merits, the defendant denied other averments and prayed for dismissal of the suit.4. Replication was not filed. From the pleading of the parties following issues were framed...and other charges. Thereafter, the rate of rent was fixed at Rs. 500/- per month and then for Rs. 1000/- per month. The defendant not being good tenant was highly irregular in paying rent and stopped...3. Whether the plaintiff is entitled to recovery of means profits as prayed for? OPP4. Whether the suit is not maintainable in the present form? OPD5. Relief...

...consistent with the plaintiff's position as the original pleading, he must reply. This is the purpose of a "replication". 14. Ordinarily, replication is not to be...the replication are not new facts and, as stated supra, they are clarification and amplification of the earlier pleading made in the election petition. 28. As far as...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...

.... [3]. The reply to this effect was filed on 04.10.2021, and till date, the averments made in para No.3 of the reply have not been denied by way of filing any replication, denying the..., Advocate for the respondents. **** RAJ MOHAN SINGH, J.(Oral) [1]. It is not in dispute that...signatures of the petitioners, or by pleading that the same were obtained under some coercion, duress or undue influence. [4]. Having received the amount in question towards full and final satisfaction and...