All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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44.

Which provision of the Code of Civil Procedure, 1908 states that no pleading subsequent to the Written Statement of a defendant other than by way of defence to a set-off or counter-claim shall be presented except with the leave of the Court, and upon such terms as the Court thinks fit ?

A: There is no such provision in the Code of Civil Procedure, 1908 for subsequent pleadings.
B: Order VIII, rule 9 of the Code of Civil Procedure, 1908 provides for subsequent pleadings.
C: Order VII, rule 1 of the Code of Civil Procedure, 1908, which lays down the particulars of a plaint, provides for filing of subsequent pleadings.
D: Subsequent pleadings can be filed by invoking the inherent powers of the Court and there is no provision in the Code of Civil Procedure, 1908 regarding subsequent pleadings.
E: Order II, rule 2 of the Code of Civil Procedure, 1908 provides for subsequent pleadings.

The answer is: B

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Explanation

The provision in the Code of Civil Procedure, 1908 that states that no pleading subsequent to the Written Statement of a defendant other than by way of defence to a set-off or counter-claim shall be presented except with the leave of the Court, and upon such terms as the Court thinks fit is:

B: Order VIII, rule 9 of the Code of Civil Procedure, 1908 provides for subsequent pleadings.

This rule governs the filing of additional pleadings after the written statement and sets out the conditions under which such pleadings can be filed with the court's permission.