JUDGMENT :

(Pushpendra Singh Bhati, J.)

This writ petition has been preferred claiming the following reliefs:

"It is therefore, most humbly and respectfully prayed that writ petition filed by the petitioners may kindly be accepted and-

(i) by an appropriate writ, order or direction, the impugned order dated 10.05.2023 (Annexure-6) passed by the learned Additional Civil Judge, Hanumangarh, in Civil Misc. Case No.-32/2023 (Rajkumar Hisariya & Ors. v. Municipal Council, Hanumangarh & Ors.) may kindly be aside.

(ii) by an appropriate writ, order or direction, application under Order 8 Rule 9 C.P.C. (Annexure-3) filed by the respondent No.1 to 12-plaintiffs-applicants may kindly be dismissed with exemplary costs and rejoinder (Annexure-4) may kindly be ordered to keep in Part-"D".

(iii) Any other appropriate order or direction which this Hon'ble Court deem just fit and proper may kindly be passed in favour of the petitioners

(iv) Cost of the writ petition may kindly be awarded in favour of the petitioners."

2. As per the pleaded facts, owing to heavy flood in the Ghaggar River in the year 1995, the petitioner-Municipal Council, decided to acquire certain portion of the Khatedari land in Chak 17 H.M.H. Tehsil Hanumangarh, belonging to respondent nos.1 to 12 for the purpose of development of embankment and construction of road over such embankment; the same was accordingly acquired vide order 06.05.2000. Thereafter, the petitioner-Municipal Council agreed to allot land at Stone No.-135/267 (6), Kila No.20 in lieu of the acquired land.

2.1. Subsequently, a letter dated 27.03.2023 was issued to the respondents no.1 to 12 with respect to demarcation of the land. Against the said letter, the respondent nos. 1 to 12 instituted a civil suit along with an application under Order 39 Rules 1 & 2 read with Section 151 CPC on 25.04.2023, against the petitioner-Municipal Council and respondents nos. 13 & 14, to restrain them from dispossessing the respondent nos.1 to 12 from the land in question.

2.2. During pendency of the proceedings, the respondent nos.1 to 12 filed an application under Order 8 Rule 9 CPC along with the proposed rejoinder before the Additional Civil Judge, Hanumangarh on 01.05.2023. The petitioner-Municipal Council filed reply to the said application; however vide order 10.05.2023, the application of respondents no.1-12 was allowed. Hence, the petitioner-Municipal Council has preferred the present writ petition claiming the afore-quoted reliefs.

3. Learned counsel for the petitioner submitted that the respondent nos. 1 to 12 did not file any affidavit in support of application, and thus, the said application itself was defective; hence, on that count alone, the same was liable to be dismissed.

3.1. It was further submitted that it is a settled principle of law that a party cannot be allowed to set up a new case by way of filing rejoinder, and since the petitioner-Municipal Council did not bring any new facts in its reply to the suit, the respondent nos.1 to 12 cannot be allowed to file a rejoinder bringing the new facts.

3.2. Learned counsel, in order to fortify his submissions, placed reliance on the judgment rendered by a Coordinate Bench of this Hon'ble Court in the case of State of Rajasthan & Anr. v. Mohammed Ikbal & Ors. (S.B. Civil Revision No. 1151/1997, decided on 04.03.1998).

4. On the other hand, Dr. Sachin Acharya, learned Senior Counsel assisted by Mr. Jitendra Choudhary, appearing for the respondent nos. 1 to 12 submitted that the rejoinder in question was filed only to reply to t