P. KODDANDA RAMAYYA, J.

( 1 ) THE short question raised in this Revision Petition is whether the plaintiffs can be permitted to file that is called a rejoinder in this case.

( 2 ) THE plaintiffs filed a suit for partition for l/5th share. Among the defendants two defendants are widows of their father who are the mother and step mother of the plaintiffs. The step mother took a plea that there is already partition between the parties and the plaintiffs also took a share and the present suit for partition is not maintainable. The plaintiffs filed the present application seeking permission from the court to file the rejoinder denying the partition and also its validity if such a partition took place.

( 3 ) THE court below took the view that under the Civil Procedure Code there is no provisions for filing a re-joinder the only provisions of Order 8 rule 9 C. P. C. permits a rejoinder to be filed in respect of a counter claim or set off and the present application not being one either for counter claim or set off the application is not maintainable and consequently dismissed the same. Against the said order the present C. R. P. is filed.

( 4 ) THE learned counsel for the petitioners conte

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