necessary; but under some code provisions no reply or replication is required in any case. (para 185 b.(1)) The discretion which the court possesses, under some codes or practice acts, to direct the plaintiff, on the defendant’s application, to reply to new matter alleged as a defence by way of avoidance will be exercised in favour of granting the application where the new matter, if true, will constitute a defence to the action and granting the order will prevent surprise and be of substantial advantage to the defendant without prejudice to the plaintiff. (para 185 b.(ii)) A replication, however, is unknown in the practice of a few states and in some states is not permitted. So too, under a statute providing that there shall be no reply except in enumerated situations, a reply is not permissible in a case not within one of the exceptions. Indeed, generally, in Civil Appeal No. ____ of 2024 Page 10 of 30jurisdictions wherein pleading is governed by statutory provisions, plaintiff has