This case arose from an order of the trial court which dismissed an application of the petitioner to file replication on the ground that testimony of PW1 had already commenced. A single Bench of the Delhi High Court did not find any infirmity in the order of the trial court that had taken into account directions of the Delhi High Court for time bound disposal of the suit.
The single Judge held:
“It is trite that the 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.”
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