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Showing posts with label replication. Show all posts
Showing posts with label replication. Show all posts
Tuesday, 1 August 2023

What are basic principles the court should follow while deciding an application seeking permission to file replication or rejoinder?

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The principles deducible from the above discussions may be summarised thus - a) The plaintiff cannot be allowed to introduce new pleas by wa...

Under which circumstances the court can permit plaintiff to file a Replication?

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 As stated supra, the petitioner has not raised any new plea and on the other hand, in order to controvert by giving proper reply qua the ne...
Friday, 20 December 2019

Whether replication is part of pleading?

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Qua concealment, I may say replication, being a part of the pleadings, the tenant has no right to allege the averments made by the respond...
Wednesday, 5 December 2018

Whether it is mandatory for a party to amend his pleading if opposite party amends its pleading?

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 In Pleadings : Principles and Practice by Jacob & Goldrein (1990 Edition) it is stated that a party served with a pleading which is s...
Thursday, 14 June 2018

Whether plaintiff can be permitted to file replication or rejoinder to written statement?

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To conclude 39. Even going by the meaning of the said term given in the Black's Law Dictionary, it only defines the practice as in...
Friday, 1 December 2017

Whether court accepting replication is interlocutory order?

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

Whether it is permissible for plaintiff to file replication?

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 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 call...
Monday, 20 May 2013

Basic concept of 'Replication' and 'rejoinder'

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'Replication' and 'rejoinder' have well defined meanings. Replication is a pleading by plaintiff in answer to defendant...