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2020 Supreme(AP) 300

NINALA JAYASURYA
Pulivarthi Venkata Seshagiri Rao – Appellant
Versus
Babburi Venkata Swamy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Yallabandi Ramatirtha, Adv.
For the Respondent: G Ramachandra Reddy, Adv.

ORDER :

1. The present Civil Revision Petition is filed against the order dated 29.11.2019 passed in I.A.No.36 of 2019 in O.S.No.110 of 2009 on the file of the Court of VIII Additional District Judge, Vijayawada, whereby the learned trial Judge dismissed the said I.A.

2. The petitioner/plaintiff filed the said I.A. under Order VIII Rule 9 of the Code of Civil Procedure, 1908, seeking leave of the Court to file rejoinder to the written statement filed by respondents 2 and 3/defendants 2 and 3. The petitioner/plaintiff, filed the above said suit for specific performance of agreement of sale dated 20.05.2006. The 1st defendant and defendants 2 and 3, respondents in the present petition, filed their respective written statements. The petitioner filed the said I.A., inter alia, stating that the defendants 2 and 3, filed written statement with inconsistent pleas, raised additional pleas and contentions and as such, he was advised to file rejoinder to traverse the same. Along with the said I.A., the petitioner also filed rejoinder.

3. Respondents filed a counter stating inter alia that raising of new pleas and additional contentions etc, is not sufficient to seek permission to file rejoinder

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