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SANDEEP V. MARNE
Datta @ Dattatraya Dnyanu Methe – Appellant
Versus
Sonabai Ganpati Methe – Respondent
JUDGMENT
Sandeep V. Marne, J. - Rule. Rule is made returnable forthwith and with the consent of the parties, called out for hearing.
2. Permissibility of filing rejoinder/replication by a Plaintiff to the written statement is the short issue which has attracted attention of this Court. The issue arises out of challenge set up by defendants to the Order dated 22nd October, 2022 passed by the trial court allowing Plaintiff's application seeking permission to file rejoinder.
3. Brief facts of the case are that Respondent No.1 is the Plaintiff in Regular Civil Suit No. 856 of 2017 filed before the 6th Jt. Civil Judge, Senior Division, Kolhapur inter alia seeking partition of the suit property. Plaintiff claims herself to be the wife of late Ganpati Methe. She has given genealogy of Methe family in the plaint claiming that her husband Ganpati is son of Dnyanu Methe and that therefore she is entitled to a share in the suit property.
4. The Defendants appeared in the suit and filed written statement inter alia contending that the Plaintiff is a stranger to Methe family and is not the wife of late Ganpati Methe. After filing of written statement by the Defendants, the Plaintiff filed applicati
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....
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 central legal principle established in the judgment is that parties should be permitted to file their pleadings when new facts come to light after the completion of pleadings, in order to avoid f....
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