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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
SMT. M.S. JAWALKAR, J
Smt. Vatsalabai Wd/o Bhupendranath Nagpurey – Appellant
Versus
Amol S/o Bhupendranath Nagpurey – Respondent
| Table of Content |
|---|
| 1. challenge to order rejecting rejoinder (Para 2 , 3 , 4 , 5) |
| 2. necessity to file rejoinder (Para 6 , 7 , 8) |
| 3. trial court's rejection (Para 9) |
| 4. misdirection by trial court (Para 10) |
| 5. writ petition allowed (Para 11 , 12 , 13) |
JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.
2. The Petitioner is challenging the order dated 27.01.2022, passed by the learned 15th Joint Civil Judge, Senior Division, Nagpur, below Exhibit-105, in Special Civil Suit No.642/2004, rejecting the application for leave to file rejoinder.
3. In short the case of the Petitioner is that there was a Deed of Partition, registered on 14.05.2004, in respect of property of late Bhupendranath S/o Ramchandra Nagpure, bearing Plot No.206/12, situated at Civil Lines, Nagpur. The said Deed of Partition, which was registered on 14.05.2004, have challenged by Smt. Vatsalabai wd/o. Bhupendranath Nagpurey, mother of the Petitioner, Yogeshkumar Nagpurey, Amol Nagpurey and Smt. Alpana Takhalate vide filing of Special Civil Suit No.642/2004, thereby sought decree of declaration, partition and permanent injunction stating that the s
A plaintiff must be allowed to file a rejoinder to address new facts introduced by the defendant, ensuring complete adjudication of the case.
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....
The court emphasized the necessity of presenting all relevant facts for a fair adjudication in partition suits, rejecting claims of suppression without evidence.
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....
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