9911796707
TMI Blog2000 (8) TMI 1138X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.2000 that it would not be possible for the Advocates to appear on 24th Feb, therefore, the matter may be adjourned further and meanwhile, as written statement has been filed, petitioner may be given time to file rejoinder. It was requested and agreed that the order will be passed next day as the matter had not been on the board that day, not the file could be summoned. (2). On 24.2.2000, though none of the lawyers appeared in the Court but the order was passed to list the matter on 16.3.2000 for further orders and meanwhile petitioner was allowed to file rejoinder. Rejoinder has been filed in detail and when the matter was listed on 16.3.2000, Mr. Bhoot, learned counsel for respondent No. 1, raised the objection regarding right of peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions do not provide for a right of the plaintiff to file replication/rejoinder in a routine manner. However, Mr. Mehta, learned counsel for the petitioner, has submitted that in case a new fact is brought by the defendant-respondent in the written statement, the plain-tiff-petitioner may be allowed to file rejoinder. (6). In Shakoor Ors. vs. Jaipur Development Authority ors. (2), this Court considered the application of the provisions of Order 8 Rule 9 even in a case of miscellaneous application under Order 39 rule 1, C.P.C. and held that undoubtedly the contingency of filing a rejoinder does not arise in every case because it could arise only in such cases where some new plea or fact is introduced by the defendant in his repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he did not file any rejoinder. (9). In M/s. Ajanta Enterprises vs. Bimla Charan Chatterjee Anr. (5), this Court held that it is not permissible to file a rejoinder to all allegations made in the written statement and the rejoinder or replica can be filed with the permission of the Court only if the defendant has raised a plea of new facts and, thus, permission must be granted after taking into consideration all the facts and circumstances of the case, especially the pleas which have been raised in the written statement. In the garb of submitting a rejoinder, a plaintiff cannot be allowed to introduce new pleas in his plaint so as to alter the basis of his plaint. In a rejoinder, plaintiff may simply explain if certain additional facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt to grant leave to present a fresh pleading. A party seeking permission under Order 8 Rule 9 has to provide cogent reason for permission to file additional plea. (12). In M/s. Anant Construction (P) Ltd. Vs. Ram Niwas (10), the Delhi High Court held that a replication to written statement cannot be filed, not can be permitted to be filed ordinarily much less in routine. The Court has a discretion to permit replication and after scrutinizing the plaint and the written statement, if it comes to the conclusion that the plaintiff can be permitted to joint specific pleadings to a case, specifically and newly raised in the written statement, and such a need arises for the plaintiff introducing a plea by way of confession and avoidance. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n statement, it has been submitted that documents showing the round-wise counting (Annx.F) was not prepared by the official concerned with the election, rather the same was prepared by the Statistical Department who prepare the sheets as and when it receives the round-wise figures of counting. In fact, these papers 007 (F) are the Proforma of the Statistics Department for the purpose of feeding data into the computer. In para 19 of the written statement, again the same averments have been made as are made in para 18 above. In para 13 and 14 of the rejoinder, there has been denial of the averments made in para 18 and 19 of the written statement which amounts to raising new facts and the rejoinder may be permitted only to the extent of para ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
