Single judge dismissed civil revision challenging lower court's permission for plaintiff to file rejoinder. Court held rejoinder does not deprive defendants of defence and ordered expeditious disposal.
Revision disposed of; defendants permitted to adduce evidence from written statement; trial court directed to dispose suit expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE K.C.BHANU
CIVIL REVISION PETITION NO.6129 OF 2009 DATED:06-04- 2010.
Between
1.Sumeet Pal Singh and another
… Petitioners
And
1.T.V.N.Ravi Kumar and another
…Respondents
THE HON’BLE SRI JUSTICE K.C.BHANU
CIVIL REVISION PETITION NO.6129 OF 2009
ORDER:
This revision is filed under Article 227 of the Constitution of India challenging the order, dated 14-10-2009, in I.A.No.327 of 2009 in O.S.No.912 of 2008, on the file of the IV Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby the petition filed to permit the plaintiff to file rejoinder to the written statement was allowed.
2. The apprehension of the revision petitioner is that allowing the petition to file rejoinder would take away the entire defence of the defendants in the suit.
3. There cannot be any dispute that under Order VIII Rule 9 CPC, no pleading subsequent to the written statement of the defendant other than by the way of defence to a set off or counter claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit. Certain aspects have been pleaded in the written statement which necessitated the plaintiff to clarify or deny those aspects. Therefore, by allowing the petition to receive the rejoinder, it will not take away the defence of the defendants. They can as well adduce their evidence in terms of the plea in the written statement. Therefore, making it clear that no defence of the defendants would take away by filing rejoinder, the defendants are at liberty to adduce
their evidence. However, the trial Court is directed to dispose of the suit as expeditiously as possible.
4. Accordingly, the Civil Revision Petition is disposed of. No order as to costs.
K.C.BHANU, J
DATED:06-04- 2010 Note: Issue CC in 3 days Hsd
1 issue framed by the court
Whether allowing plaintiff to file rejoinder under Order VIII Rule 9 CPC would take away the defence of the defendants.
2 provisions across 2 enactments
Sumeet Pal Singh and another
T.V.N.Ravi Kumar and another
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
