Rule 9 of CPC : Rule 9: Subsequent pleadings.

Explanation using Example

Example 1:

Scenario: Rajesh files a lawsuit against Sunita for breach of contract. Sunita submits her written statement denying the allegations and also includes a counter-claim for damages caused by Rajesh's alleged breach of the same contract.

Application of Rule 9:

• After Sunita submits her written statement and counter-claim, Rajesh wants to submit an additional pleading to address new evidence he found.
• According to Rule 9, Rajesh cannot submit this additional pleading without the permission (leave) of the Court.
• Rajesh files an application seeking the Court's permission to submit the additional pleading.
• The Court reviews the application and decides whether to allow Rajesh to submit the additional pleading and under what conditions (e.g., within a specified time frame).

Example 2:

Scenario: Meera sues her neighbor, Anil, for encroaching on her property. Anil submits his written statement denying the encroachment and also claims a set-off for the expenses he incurred in maintaining the disputed area.

Application of Rule 9:

• Meera wants to respond to Anil's set-off claim with additional arguments and evidence.
• Since Meera's response is by way of defense to the set-off, she is allowed to present this subsequent pleading without needing the Court's permission.
• However, if Meera wants to introduce new claims unrelated to the set-off, she would need to seek the Court's permission.
• The Court may also require Anil to submit an additional written statement to clarify his set-off claim and will set a deadline of no more than thirty days for him to do so.