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2017 Supreme(Raj) 1628

DINESH MEHTA
Yogesh Tripathi S/o Shri Brijnath Ji Tripathi – Appellant
Versus
Mangi Lal S/o Roopa Ji – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Mehta
For the Respondent: Ms. Shambhavi Mardia

JUDGMENT :

DINESH MEHTA, J.

1. By way of the present writ petition, the petitioners have laid challenge to the order dated 24.03.2015 passed by learned Civil Judge, Jalore whereby the rejoinder submitted by the petitioners have been refused to be taken on record.

2. The facts in brief, requiring the petitioners to approach this Court are that the petitioners - plaintiffs had filed a suit for permanent injunction against the defendants, seeking order of restraint qua the defendants so that they would not interfere with the construction of the boundary wall, being raised by them.

3. In response to the petitioners' plaint, the defendants have filed a written statement, wherein they not only denied the contents of the plaint but have also stated that the document of title namely ‘patta’ relied upon by the petitioners is forged. The defendants had also denied the petitioners' title and possession for the contentious land.

4. Faced with such situation, the plaintiffs deemed it appropriate to file a rejoinder, for which they moved an application under Order VIII Rule 9 of the Code of Civil Procedure, seeking leave to submit the same.

5. The learned Trial Court has rejected petitioners' such app


















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