Nadarajah v. Daniel – sllr 1999 volume 1 page 240

In the case between Nadarajah (plaintiff) and Daniel (defendant), the court addressed whether a defendant’s claim in reconvention restricts the plaintiff’s ability to raise issues not pleaded in the answer when no replication is filed. The court held that the absence of replication does not preclude the plaintiff-petitioner from raising issues, such as those relating to prescription or waiver, and a claim in reconvention does not impose such a bar. The principle reaffirmed is that procedural fairness and the full ventilation of issues must be maintained, utilizing Section 75(3) of the Civil Procedure Code and interpreting relevant case law to ensure litigants may advance legitimate matters even without a formal replication. The challenged trial order, which refused to accept particular iss