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PUSHPENDRA SINGH BHATI
Municipal Council Hanumangarh – Appellant
Versus
Rajkumar Hisariya – Respondent
| Table of Content |
|---|
| 1. relief sought in writ petition (Para 1) |
| 2. factual background regarding land acquisition (Para 2) |
| 3. argument against the filing of the rejoinder (Para 3) |
| 4. argument in support of the rejoinder validity (Para 4) |
| 5. review of case records and submissions (Para 5) |
| 6. observations on the civil suit and applications (Para 6 , 7) |
| 7. cited judgment's irrelevance to case (Para 8) |
| 8. final opinion of the court on the petition (Para 9) |
JUDGMENT :
(Pushpendra Singh Bhati, J.)
This writ petition has been preferred claiming the following reliefs:
(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 o
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 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 case emphasizes the need for expeditious proceedings while ensuring the balance of procedural rules in the context of filing pleadings in a civil suit.
Order passed under Order 39 Rules 1 and 2 of CPC, is an interim order and it is not required to mention about each and every document produced on record.
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