1994 Supreme(Del) 671
R.C.LAHOTI
ANANT CONSTRUCTION PRIVATE LIMITED – Appellant
Versus
RAM NIWAS – Respondent
Advocates Appeared:
A.K.SINGH, amicus curiae, I.S.MATHUR, Ritu Bhalla, SANAT KUMAR BISWAS, SUDHA SRIVASTAVA
Judgement Key Points
Based on the provided legal document, here are the key points regarding pleadings, replications, and rejoinders:
- Nature of Procedure: Procedure is the machinery of law intended to facilitate justice, not obstruct it; practices that delay justice without legal sanction should be done away with (!) (!) .
- Definition of Pleadings: Pleadings generally refer to the plaint and the written statement; subsequent pleadings (like rejoinders or replications) are not statutorily contemplated under the Civil Procedure Code (CPC) except by leave of the court (!) (!) (!) .
- Implied Traverse: A plaintiff does not need to file a replication to merely deny averments in a defendant's written statement; such denial is presumed, and the plaintiff can rely on the rule of assumed traverse or joinder of issue (!) (!) (!) (!) .
- Permissible Situations for Replication: A replication is only permissible in three specific situations: (1) when required by law, (2) when a counter-claim or set-off is raised by the defendant, or (3) when the court directs or permits it (!) (!) (!) .
- Leave of Court: Any replication filed must be confined to the specific plea requiring a reply (usually a confession and avoidance) and requires the leave of the court, which may grant or refuse it after scrutiny (!) (!) (!) .
- Inconsistency and Foundation of Claim: A plea inconsistent with the original plaint or a plea that forms the foundation of the plaintiff's cause of action cannot be introduced for the first time in a replication; such matters require amendment of the original pleading (!) (!) (!) .
- Impact on Trial: Filing replications and rejoinders routinely leads to avoidable adjournments, increases the bulk of files, confuses the trial, and deprives defendants of the opportunity to counter new pleas introduced in a replication (!) (!) (!) .
- Distinction from Amendment: Subsequent pleadings are not a substitute for amending the original pleadings; if a new ground of claim is needed, the original pleading must be amended to allow the opposite party to respond (!) (!) (!) .
- Interlocutory Applications: Interlocutory applications (e.g., under Order 6 Rule 17) should generally be disposed of on the first hearing without requiring a written reply or replication unless necessary (!) (!) (!) .
- Practice Directions: Existing Practice Directions in the Delhi High Court do not confer a right to file replications as a matter of course or insist on adjournments for their filing (!) (!) (!) .
R. C. Lahoti, J.
( 1 ) "procedure is but the machinery of law after all- the channel and means whereby law is administered and justice reached. It strangely departs from its proper office where in place of facilitating, it is permitted to obstruct and even to extinguish the legal rights and is made to govern where it ought to subserve -said Lord Penzance. And here is a practice, not even procedure, having no sanction in law (at least none brought to my notice), which has provenly outlived its utility and which by experience has been found obstructing the smooth flow of justice, far from facilitating it. It must be done away with; and sooner the better.
( 2 ) THIS is a suit for specific performance of a contract for sale filed in the year 1982. Twelve years have passed. The suit is yet to witness commencement of its trial; thanks to the loose practice of filing replications /rejoinders which has assumed a vide currency without having any foundation in the rules of procedure or in CPC.
( 3 ) THERE are two sets of defendants: defendants No. 1 to 4 and defendants No. 5 to 6. Two separate written statements were filed in the year 1983. The defendant No. 4 filed yet another written stat
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