ORDER:

The present Civil Revision Petition has been filed under Article

227 of the Constitution of India assailing the order dated 09.01.2025 in I.A.No.487 of 2023 in O.S.No.15 of 2017 passed by the VIII Additional District & Sessions Judge, Ranga Reddy District at L.B.Nagar.

Vide

2. impugned order, the application filed under Order VIII Rule 9 of CPC seeking to permit the petitioner/plaintiff to file rejoinder to the written statement filed by the respondent No.2/defendant No.2 was dismissed.

3. The brief facts of the case are that petitioner/plaintiff filed the suit way back in the year 2017. The defendants were served with notices and defendant No.2 filed written statement on 25.10.2019. Subsequently, issues were framed on 04.07.2022 and matter was coming up for trial and the plaintiff has also filed his chief-affidavit on 27.09.2022 and the matter was since being fixed for the cross- examination of P.W.1 by the defendants. At that stage, on 19.07.2023, petitioner/plaintiff had filed this I.A., under Order VIII Rule 9 of CPC seeking for permission to file rejoinder.

4. Learned counsel for petitioner contends that the only contention that he intends to raise in the rejoinder was to deny certain facts, which have been pleaded by the defendants.

5. This Court is of the firm view that only for the purpose of filing denial to the contents of written statement. Rejoinder may not be necessary for the reason that, what is pleaded by the defendants in their written statement has to be adjudicated and the plaintiff would get an opportunity to cross-examine the defendants, even in response of the averments made in the written statement, which according to the plaintiff is totally incorrect. Moreover, it appears that the reasons assigned by the trial Court in the impugned order, particularly, that of delay that arisen on behalf of plaintiff, constitute a valid ground for rejection. No sufficient case thus has been made out warranting interference to the impugned order passed by the trial Court. The Civil Revision Petition deserves to be and is accordingly, dismissed.

As a sequel, pending Miscellaneous Petitions, if any, shall stand closed. No costs.

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