and the only condition thereon is the leave of the court. Even in cases that require leave, it is open to the court to grant leave with or without conditions. 19. It is pertinent to note that the law is well settled that the plaintiff cannot be permitted to raise a new plea under the garb of filing rejoinder/replication or take a plea inconsistent to the pleas taken by him in the plaint, nor the rejoinder can be filed as a matter of right, even the Court can grant leave only after applying its mind on the pleas taken in the plaint and the written statement. xxx 23. The specific plea of the petitioner is that the first respondent has asserted some new facts in his written statement, particularly, paragraphs 1(i) to (x), 10, 12, 13, 14, 15, 16, 18, 18.1, 18.2, 18.3, 19, 21 and 30 and it is necessary for the petitioner to reply by filing the replication. Though the first respondent contended that the petitioner has filed the proposed replication and introducing new facts and also trying