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ASHOK KUMAR GAUR
Arvind Kumar Jain – Appellant
Versus
ICICI Bank Limited – Respondent
ORDER
1. The present writ petition has been filed by the petitioners challenging the order dated 09.01.2019 passed by the Civil Court whereby application under Order 8 Rule 9 CPC, for filing rejoinder has been dismissed.
2. Learned counsel for the petitioners submitted that the petitioners have filed a suit for declaration and permanent injunction against the respondent-Bank.
3. Learned counsel for the petitioners submitted that the respondents filed written statement and they have taken certain preliminary objections in the written statements and further also denied parawise averments made in the plaint.
4. Learned counsel for the petitioners submitted that after filing of the written statement by the respondents, issues were framed by the Civil Court and on the basis of averments made in the written statement, an issue No.4 has been framed.
5. Learned counsel for the petitioners submitted that after framing of the issue by the Civil Court on the basis of pleading in the written statement, the petitioners were left with no other choice except to file an application under Order 8 Rule 9 CPC for seeking permission to file rejoinder to the written statement.
6. Learned counsel for the peti
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 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 ....
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....
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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