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...existing pleadings. Though subsequent pleadings is permitted under Order 8 Rule 9 CPC the same cannot be made use for raising pleas which are altogether new and...the original pleadings in the written statement. Order 6 Rule 7 CPC deals with departure from the previous pleadings, Order 6 Rule 17 CPC deal...transaction and title does not pass. On these pleadings, the trial Court has framed issues. It is thereafter the present application I.A 5 is filed purporting to be under Order 8 Rule 9...
.... Though subsequent pleadings is permitted under Order 8, Rule 9 of CPC the same cannot be made use for raising pleas which are altogether new and inconsistent with the original ...written statement. Order 6, Rule 7 of the CPC deals with departure from the previous pleadings, Order 6, Rule 17 of the CPC deals with the amendment of pleadings and Order 8, ...Order VIII Rule 9, held thus:
"8. xxx xxx xxx Order 6 Rule 17 speaks of amendment of pleadings whereas Order 8 Rule ...
...for pleading new claims and inconsistent statements by any other mode except by way of amendment to the existing pleadings. Though subsequent pleadings is permitted under Order 8, Rule ...
pleadings in the written statement. Order 6, Rule 7 of the CPC deals with departure from the previous pleadings, Order 6, Rule 17 of...the said Regular Appeal, the 1strespondent-plaintiff had filed an application under Order VI Rule 17 of Code of Civil Procedure ('CPC' for short') restricting his claim to 25...
.... Before adjudicating the controversy in question, it is relevant to reproduce the provisions under (i) Order 6 Rule 7 of CPC and (ii) Order 8 Rule 9 of CPC and, which read thus: Order 6 .... 11. Perusal of these provisions, clearly disclose that a Court can permit filing of subsequent pleadings as per Order 8 Rule 9 of CPC, but the leave is necessary but in the...counterclaim after submission of written statement has held that Rule 9 of Order 8 of CPC prohibits presentation of pleadings subsequent to the written statement of defendant other than by way of...
...originally taken in the main written statement.Order 6 Rule 7 and Order 8 and Rule 9 reads as under:-7. Departure.- No pleading shall, exce...written statement.Learned counsel appearing for the plaintiffs (respondents herein) has vehemently argued that in view of Order 6 Rule 7 and Order 8 Rule 9 CPC....From the perusal of Order 6 Rule 7 CPC, in the opinion of this Court no new pleading can be raised which are inconsistent with the previous pleadings of the party...
...statement on 10thMarch, 2017. Evidence of the plaintiff concluded and during the cross-examination of the defendant, the plaintiff filed IA.8 under Order VIII Rule 9 of Code of Civil Procedure and...application filed under Order VIII Rule 9 of Code of Civil Procedure is not a subsequent event. This Court, in the case of GLEN FREDRICK PICARDO...entered appearance and filed detailed written statement. The plaintiff filed application under Order VIII Rule 9 of Code of Civil Procedure and sought to file rejoinder of plaint to the written statement...
...Smt.Mukut Raj Laxmi and Another V. Dr.Jitendra Singh and Others4, the Rajasthan High Court observed that Order ...
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7. Order 8 Rule 9 CPC reads as under :
"9.Subsequent ...the same."
8. A perusal of Order 8 Rule 9 CPC makes it evident that no pleadings subsequent to the written statement of the defendant, other than by wa...
...under which amendments of pleadings can be allowed or rejected. The principle allowing or rejecting an amendment of the pleadings has emanated from Order 6 Rule 17 of the Code of Civil Procedure, which...of Order 6 Rule 17 of the Code of Civil Procedure, it is clear that the court is conferred with power, at any stage of the proceedings, to allow alteration and amendments of the pleadings if it is of...Lalit contended that the amendment of the written statement introducing an entirely different and inconsistent case cannot be allowed as it would displace the admission made in para 8 of the written...
...VI Rule 17, CPC as both are contextually different. 9. It can thus be seen that by filing subsequent pleadings wp5475.15.odt 8/10 under ...subsequent pleadings under provisions of Order VIII Rule 9 of the Code of Civil Procedure, 1908 (for short the Code.). 3. The facts found relevant for...provisions of Order VIII Rule 9 of the Code came to be filed. 8. Under provisions of Order VIII Rule 9 of the Code...
...months has been increased to 12 months by subsequent order. There is no rule inconsistent to Rule 125 under Chapter 4 and therefore, in view of Section 266 the Rule 125 ...applicable to combatants of the Army, except where they are inconsistent with the provisions of the regulations in this chapter.”A bare perusal of the Rule 266 will reveal that, personnel of...DSC is also governed by the same general rules for pension as are applicable to combatants of the Army. Exception is only that, said general rules/rule should not be inconsistent with the provisions...
...supplied)9. Keeping this principle in mind, let us now consider the provisions relating to amendment of pleadings. Order 6 Rule 17 of the Code of Civil...inconsistent pleas in their defence.17. Before we part with this order, we may also notice that proviso to Order 6 Rule 17 CPC provides that amendment of pleadings shall...pellucid that Order 6 Rule 17 of the Code of Civil Procedure consists of two parts. The first part is that the court may at any stage of the proceedings allow either party to amend his pleadings and the...
...by way of ssp ...8
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amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous ..., in the original written statement.
15. Two provisions of the Code, 1908 deserve to be noted. Under Order VI Rule 7, it is provided that no pleadings shall, except...way of defence to suit or counter claim. It reads as under :
"9. Subsequent pleadings - No pleading subsequent to the written statement of a defendant other...
...is that the High Court in the proceedings of revision while granting leave to the respondent-landlord to plead certain subsequent events, had virtually accepted the pleadings as proof in itself of the...events which, according to him, justified grant of an order for possession. The subsequent events were that the health of the first son of the respondent was impaired by cardiac problems and that...been engaged by the appellant had failed to appear at the revisional hearings. The subsequent prayer of the appellant for recalling the order and for being afforded an opportunity of being heard on...
...to withdraw the admission allegedly made by him in the main written statement.3. The purpose and object of Order 6 Rule 17 CPC is to allow either party to alter or amend...his pleadings in such manner and on such terms as may be just. The power to allow the amendment is wide and can be exercised at any stage of the proceedings in the interests of justice on the basis of...while deciding such prayers should not adopt a hypertechnical approach. Liberal approach should be the general rule particularly in cases where the other side can be compensated with the costs...
...., is no longer a good law. Under Order 8 Rule 9 CPC gives wide discretion to the court to give chance to the parties to agitate their right even by raising subsequent new pleadings. https://www.m...the dismissal order passed by the learned Judge, trial court, whereby the prayer of the defendant to receive additional written statement under Order 8 Rule 9 of CPC is rejected.... / g 1 o 2 v.in/judis
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Order 8 Rule 9 CPC can be entertained can be done after commencement of trial...
....8. A revision petition was filed by the appellant thereagainst. By a judgment and order dated 15-3-2002, the High Court, while setting aside the said order of the learned trial Judge dated 12-....13. Order 6 Rule 17 of the Code of Civil Procedure reads thus:17. Amendment of pleadings.—The court may at any stage of the proceedings...law shall not be binding on the State.”16. A thing admitted in view of Section 58 of the Evidence Act need not be proved. Order 8 Rule 5 of the Code of Civil...
...portion is extracted hereunder:-
"C.P.C., Order 8 Rule 9 ' subsequent pleadings', what is, additional written statement, scope
...had filed counter objecting to the petition filed by the Defendants 1 to 8 under Order VIII, Rule 9 of CPC along with Section 151 of CPC. After hearing of the enquiry, the learned Principal District...Munsif, Tiruchengode had allowed the petition in I.A.No.2 of 2019 in O.S.No.25 of 2015 filed by the Defendants 1 to 8 under Order VIII, Rule 9 r/w Section 151 of CPC seeking permission of the Court to...
....4. On 23-9-1998, the appellants filed an application being IA No. 8479 of 1998 under Order 6 Rule 17 read with Section 151 CPC seeking leave of the Court to amend the plaint and to incorporate th...Court.14. Order 6 Rule 17 CPC reads thus:“17. Amendment of pleadings.—The court may at any stage of the proceedings allow either party to...(2000) 1 SCC 712 held:‘3. The purpose and object of Order 6 Rule 17 CPC is to allow either party to alter or amend his ...
....4. In view of the subsequent developments, the appellant filed an application under Order 6 Rule 17 for the amendment of the plaint for adding paras 8(a) to 8(f) in his plaint...) 1 SCC 712, JT (1999) 10 SC 61 held:“3. The purpose and object of Order 6 Rule 17 CPC is.... The trial court rejected his prayer and the revision petition filed against that order was dismissed by the High Court vide order impugned in this appeal, mainly on the ground that the amendment, if...
..., was perfectly justified in framing Issue No. 2 concerning only remaining three items for which there was dispute between the parties. In such a situation under Order XV Rule 1 of CPC the plaintiff...-distributor. After three years the defendants by application under Order VI Rule 17 sought amendment of written statement by substituting paras 25 and 26 with a new paragraph in which they took the.... In the latter case it was observed by the Bench of two learned Judges that it was settled law that even the admission can be explained and even inconsistent pleas could be taken in the pleadings...