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DINESH MAHESHWARI, BELA M. TRIVEDI
Prime Properties – Appellant
Versus
Sana Lakshmi Devi (Died) Through Her Lrs – Respondent
JUDGMENT :
DINESH MAHESHWARI, J.
Leave granted.
2. This appeal is directed against the judgment and order dated 14.03.2022 as passed by the High Court for Telangana at Hyderabad in CRP No. 204 of 2022, whereby the High Court has disapproved the order dated 29.12.2021 passed by the Court of I Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar, allowing the review application under Order XLVII Rule 1 of the Code of Civil Procedure, 1908. While allowing the review application, the Trial Court has taken the subsequent pleadings filed by the plaintiff in the form of rejoinder on record, in supersession of its earlier order dated 29.11.2021, whereby such a permission was declined.
3. The matter essentially relates to filing of pleadings but, various factors and aspects have got entangled because of the long pendency and multifarious incidental proceedings. However, for the present purpose, suffice would be to notice the relevant background aspects and proceedings to the extent relevant to the questions at hand. They are as follows:
3.1. The plaintiff-appellant has filed O.S. No. 898 of 2001 in the Court of I Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar agai
A rejoinder can be filed at any stage of proceedings under Order VIII Rule 9 of CPC without a specified limitation, and mere delay is not sufficient to justify denial if it does not prejudice the opp....
The central legal point established in the judgment is the requirement for the trial court to provide a reasoned decision when allowing further pleadings under Order 8 Rule 9 CPC, particularly after ....
The main legal point established in the judgment is that the power of review is not an inherent power and is subject to the limitations of Section 114 and Order-47, Rule-1 of CPC. A review can only b....
The interpretation of Order VIII Rule 9 of the CPC affirms the plaintiff's right to file a rejoinder to a written statement, ensuring fair opportunity to respond to the defendant's claims.
The court's supervisory jurisdiction under Article 227 does not extend to procedural monitoring unless manifest injustice results, allowing a party to file a surrejoinder to address objections to the....
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