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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Bhagyamma, W/o. Shivashankaraiaha – Appellant
Versus
Mangalamma, W/o. Late Neelakantaiah – Respondent
ORDER :
S.R. KRISHNA KUMAR, J.
This petition by the plaintiff in O.S.No.87/2013 is directed against the impugned order dated 17.09.2025 passed on I.A.No.VI by the Additional Civil Judge in JMFC, Challakere, whereby the application filed by the petitioner-plaintiff under Section 151 CPC seeking leave to file replication/reply/rejoinder/subsequent pleadings in response to certain documents produced by the defendant No.1 during the course of evidence was rejected by the trial Court.
2. Heard learned counsel for the petitioner and learned counsel for the respondent Nos.1, 3, 4 and 5 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with.
3. A perusal of the material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit against the respondents-defendants for partition and separate possession of his alleged share in the suit schedule property and for other reliefs. The said suit having been contested by the defendants, both parties went to trial and the matter was posted for final arguments at which stage the petitioner-plaintiff filed the instant application I.A.No.VI for grant of leave/permission to replication/
A plaintiff may not file a replication to evidence produced by a defendant; such pleadings require court permission and must address new facts or contentions raised in written statements.
The court clarified that under Order VIII Rule 9 CPC, filing a proposed replica is not a prerequisite for seeking leave to file a replication in response to new facts raised by the defendant.
Court must independently adjudicate temporary injunction applications, ensuring fair trial rights are upheld as per procedural laws.
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 main legal point established in the judgment is that subsequent pleadings, such as a rejoinder, should only be filed in exceptional circumstances and when required by law. Mere denial of the defe....
Judicial discretion permits amendments to pleadings if justified, aiming for effective dispute resolution while maintaining procedural integrity.
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