Friday, 1 December 2017

Whether it is permissible for plaintiff to file replication?

 Pleadings generally refer to a statement of the case/claim which is a plaint and the statement of defence of the other side which is called written statement. However, the Court at times may require the parties to file further statements to supplement their plaint case or written statement. Such subsequent statements are normally referable to replication/rejoinder, in case of the plaintiff and additional written statement in case of the defendant.

Sometimes, additional written statement is necessary on the amendment of the plaint. Similarly, on the amendment of the written statement, the plaintiff may file additional statement which is again called replication. A replication by the plaintiff is also necessary when new facts are stated in the written statement which require to be replied by the plaintiff.
IN THE HIGH COURT OF ALLAHABAD

Civil Misc. Writ Petition No. 3436 of 2013

Decided On: 23.01.2013

 Smt. Kiran Chaudhary and Another Vs. Jay Prakash Chaudhary

Hon'ble Judges/Coram:
Pankaj Mithal, J.
Citation: 2013 (4) ADJ 199:2013(3) AWC 3121

1. Heard learned counsel for the petitioners.

Petitioners are defendants in the suit. The trial Court vide order dated 30.3.2012 has accepted the replication of the plaintiff respondent and the said order has been upheld by the revisional Court vide order dated 22.11.2012.

The submission of learned counsel for the petitioners is that in view of Order VIII Rule 9 C.P.C. no pleadings after the filing of written statement can be taken on record.

2. Pleadings generally refer to a statement of the case/claim which is a plaint and the statement of defence of the other side which is called written statement. However, the Court at times may require the parties to file further statements to supplement their plaint case or written statement. Such subsequent statements are normally referable to replication/rejoinder, in case of the plaintiff and additional written statement in case of the defendant.

Sometimes, additional written statement is necessary on the amendment of the plaint. Similarly, on the amendment of the written statement, the plaintiff may file additional statement which is again called replication. A replication by the plaintiff is also necessary when new facts are stated in the written statement which require to be replied by the plaintiff.

In view of the above, replication or additional written statement are both part of the pleadings included within the plaint and the written statement.

Accordingly, by accepting replication no new pleadings are being accepted but only the plaint is being supplemented in view of the new facts stated in written statement.

It is not the case that the replica is not necessary.

The order accepting the replica on record is an interlocutory order and it does not in any way decide any rights of the parties which may result in miscarriage of justice.

In view of above, the writ petition is misconceived and is dismissed.



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