Settled principle of law that rejoinder/ replication is a supplement of plaint and is also supposed to clarify such ambiguities which.................

 Rejoinder/Replication.

It is a settled principle of law that rejoinder/ replication is a supplement of plaint and is also supposed to clarify such ambiguities which are left in the plaint or are pointed out by the defendant(s) in his written statement and that altogether new case cannot be allowed to be presented in the rejoinder/replication as there will be no opportunity for the defendant(s) to controvert such a new case, set up in the rejoinder/replication. Moreover, it is also a settled principle of law that a party cannot lead evidence beyond its pleadings and if anything is brought on record beyond the pleadings, the same will not be considered and even the averments made in the pleadings do not constitute evidence.

Moreover, Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973 demands that fair and reasonable opportunity be given to every party to put and defend his stance and case. The perusal of the plaint and written statement including the amended pleadings of the parties, divulges that the facts and contention raised in the written statement/amended written statement, submitted by the respondents, have not been pleaded by the petitioners and the same need clarity on their behalf, because, as observed above, the rejoinder and replication is a supplement of plaint and is supposed to clarify the ambiguities, a new case cannot be set up. Therefore, the learned trial Court ought to have granted leave to the petitioners in exercise of powers conferred upon it under Rule 9 of Order VIII, Code of Civil Procedure, 1908 so as to clarify the ambiguities and plead their stance in respect of additional facts and contentions of the respondents, asserted in their written statement/amended written statement.

Civil Revision 80780/21
Raza Ibrahim Vs Nasir Ibrahim Mr. Justice Shahid Bilal Hassan
14-06-2022
2022 LHC 4538