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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Pratibha Industries Ltd. – Appellant
Versus
State Of Rajasthan – Respondent
Order :
SANJEET PUROHIT, J.
1. Present writ petition is filed challenging order dated 20.12.2025, passed by learned Commercial Court No.1, Jodhpur in Civil Original Suit No.41/2022, rejecting application filed by petitioner under Order VIII Rule 9 of CPC seeking to place on record the subsequent pleading (rejoinder) to the written statement was rejected.
Brief Facts
2. It is stated in the plaint that petitioner is a public limited company engaged in execution of large infrastructure projects. Pursuant to NIT No. 09/2011-12 issued by the Rajasthan Water Supply and Sewerage Management Board for execution and 10 years’ O&M of the Barmer Lift Water Supply Project (Phase-II Part- A) on turnkey basis, the petitioner’s bid was accepted and a contract dated 23.08.2012 for about Rs. 168 crores was awarded.
3. It was further stated that, under the contract, the respondents were required to provide full site access, timely approvals of drawings, designs, vendors, and QAPs, and to make payments in a timely manner. It was, however, alleged that the sites were handed over in a piecemeal and delayed manner; that statutory clearances (including Form-V and PAC) and various approvals were not accorded wi
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 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.
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 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....
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 ....
Order VI Rule 15A of CPC as amended and made applicable to commercial disputes before Commercial Courts to hold that pleadings are not verified as prescribed in Appendix-I appended to the Act and sam....
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