The necessity of additional replies and the criteria for allowing them under Order 8, Rule 9 CPC.

DAYA CHAUDHARY, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned Order dated 11.01.2017 passed by the Additional Civil Judge (Senior Division), Samrala, whereby, the application filed by the petitioner under Order 21, Rule 37 of CPC has been dismissed.

2. Briefly, the facts of the case are that the respondent-decree holder filed an application for execution of decree dated 03.10.2009 against the petitioner/judgment debtor to which the petitioner filed objections. Thereafter, the respondent/decree holder filed an application under Order 21 Rules 37 and 41 read with section 151 of CPC for sending the petitioner/judgment debtor in civil prison till the recovery of decretal amount. The petitioner filed detailed reply to the said application and the respondent also filed rejoinder to reply to the application. Thereafter, another application was also moved by the petitioner for seeking permission to file reply to the plea taken by respondent in the rejoinder. The respondent raised an objection to the application that the same has been moved to delay the execution proceedings. Said application filed by the petitioner was dismissed vide order dated 11.01.2017, which is subject matter of challenge in the present petition.

3. Learned counsel for the petitioner submits that the Executing Court has not taken into consideration the fact that the respondent-decree holder has clearly mentioned the new ground regarding the physical capacity of the petitioner to pay the decretal amount. Learned counsel also submits that the petitioner has no movable and immovable property to satisfy the decretal amount. As per provisions of Order 21, Rule 37 of CPC, the proceedings can be initiated only in case, the judgment debtor has sufficient means to pay the decretal amount but he does not pay or does not disclose his means and sources, whereas, in the present case, the respondent himself has admitted that the petitioner has no movable or immovable property in his name and the continuation of execution proceedings would be totally an abuse of process of law.

4. Heard the arguments of learned counsel for the petitioner and have also perused the impugned order dated 11.01.2017 and other documents on the file.

5. Admittedly, an application was filed by the petitioner for grant of permission to file an additional reply to some of the pleas of decree holder, which were raised in his rejoinder, beyond the pleadings of his application under Order 21, Rule 37 of CPC to show cause notice. It was mentioned in the application that the decree holder has raised a contention in para No. 3 of the preliminary objection of rejoinder that the objector/J.D is a able person and is fully competent to earn sufficient income by doing any business but this plea has not been taken by decree holder in his application under Order 21, Rule 37 of CPC and the same has also not been mentioned in the Show Cause Notice. As per claim of the petitioner in the application, this plea was raised by the decree holder for the first time in his rejoinder and there was no occasion to reply to his contention at the time of filing of his reply to the application under Order 21, Rule 37 CPC so it has become necessary in the interest of justice that the applicant-petitioner be provided an opportunity to file additional reply to the rejoinder of decree holder to rebut the contention mentioned in the rejoinder. Reply of the application was also filed by raising an objection that the application has been moved just to delay the execution proceedings. The application moved by the petitioner has been dismissed on the ground that it cannot be said to be a new ground as the decree-holder has only clarified the facts by filing reply to the plea taken by judgment debtor in his written reply to the application moved under Order 21, Rule 37 CPC. The relevant portion of the impugned order is reproduced as under :-

"4. Present exe