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VINIT KUMAR MATHUR
Himmat Singh – Appellant
Versus
Learned Additional District Judge No. 2, Udaipur – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The case comes up on an application for preponement of the date preferred by the respondent.
2. The application is not opposed by the counsel for the petitioner.
3. For the reasons mentioned in the application, the same is allowed and the matter is being heard and decided today itself.
4. The present writ petition has been filed against the order dated 14.03.2014 passed by the learned Additional District Judge No. 2, Udaipur in Civil Original Suit No. 126/2011, whereby the application preferred by the plaintiff-respondent No. 2 under Order 8 Rule 9 CPC was allowed and the rejoinder filed by the plaintiff-respondent No. 2 was taken on record.
5. Learned Senior counsel for the petitioner vehemently submitted that the order passed by the learned trial court on 14.03.2014 is totally unreasoned and non-speaking order whereby the application preferred by the plaintiff-respondent under Order 8 Rule 9 was allowed. The learned Senior counsel submits that merely recording the finding that the trial court had gone through the contents of rejoinder and recorded that it has just clarified the averments in plaint without discussing the same in the order is improper a
The central legal point established in the judgment is the requirement for the trial court to provide a reasoned decision when allowing further pleadings under Order 8 Rule 9 CPC, particularly after ....
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....
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....
The court established that the right to file a rejoinder is crucial for ensuring that parties can adequately contest new facts introduced in litigation, reinforcing the procedural rights under Order ....
The case emphasizes the need for expeditious proceedings while ensuring the balance of procedural rules in the context of filing pleadings in a civil suit.
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.
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