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M. S. RAMACHANDRA RAO
Hafiz Mufti Mohammed Zahid Nasri – Appellant
Versus
Mohammed Iqballuddin Ahmed – Respondent
ORDER :
(M.S. Ramachandra Rao, J.)
Since both these Revisions arise out of the same suit between the same parties, they are being disposed of by this Common Order.
2. The petitioner in both these Revisions is plaintiff in O.S.No.6 of 2019 on the file of the Telangana State Wakf Tribunal, at Hyderabad.
The plea of petitioner/ plaintiff in O.S.No.6 of 2019
3. He had filed the said suit against respondents for a perpetual injunction restraining respondent nos.1 and 2 from removing or interfering with plaintiff in performance and discharge of functions and duties of Imam-Khateeb of Masjid-e-Zorawar Khan situate at Hanuman Tekdi, Abids, Hyderabad.
4. The respondent nos.1 and 2 filed a Written Statement.
I.A.No.20 of 2019
5. The petitioner had also filed I.A.No.20 of 2019 in the said suit under Order XXXIX Rules 1 and 2 of CIVIL PROCEDURE CODE , 1908 for an ad interim injunction restraining respondents from removing or interfering with petitioner in performance of functions and duties of Imam-Khateeb of Masjid-e-Zorawar Khan.
6. Even to this application, counter-affidavits were filed by respondent nos.1 and 2.
I.A.Nos.5 and 6 of 2021
7. The petitioner then filed Interlocutory Application
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 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 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.
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 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 ....
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