Plaintiff Has No Vested Right To File Replication Under CPC: Delhi High Court

The Delhi High Court has made it clear that filing of replication by a Plaintiff is only judicially sanctioned and is not a statutory right of the party.Replication, also known as rejoinder, is filed by the Plaintiff in response to the defendant's written statement in a civil suit— to clarify its stand or rebut the defendant's claims.Justice Girish Kathpalia held,“Civil Procedure Code does not contemplate filing of the replication, though it is judicially sanctified that once the replication is taken on record, it forms part of pleadings. There is no right vested in the plaintiff to file replication.”The observation was made while dealing with a petition preferred by a plaintiff in the original suit, aggrieved by civil court's order dismissing its application to file replication. The dismissal was based on the fact that recording of witness statements had already commenced.Petitioner contended that the trial court ought not to have closed its right to file replication.The trial court on the other hand had observed that Petitioner's application for permission to file replication was filed subsequent to tendering of evidence and the clock could not be turned back.The High Court agreed with the trial court, stating,“Once the trial has commenced, there is no scope of accepting replication, which in any case ought to have been filed prior to framing of issues. I am unable to agree with the contention of learned counsel for petitioner that a plaintiff has a right to file replication. ”The Court also noted Petitioner's conduct before the trial court in remaining absent despite repeated calls, in face of a High Court direction for time-bound disposal of the suit.As such, it dismissed the plea.Appearance: Mr. Yashaswi SK Chocksey, Advocate for Petitioner; Respondent in personCase title: Dinesh Kumar Verma v. Ramesh GhaiCitation: 2025 LiveLaw (Del) 1116Case no.: CM(M) 1787/2025Click here to read order

Plaintiff Has No Vested Right To File Replication Under CPC: Delhi High Court

LIVELAW NEWS NETWORK

Tags