ABED HUSSAIN Vs. THAHERABANU

JUDGEMENT

(1.) COUNSEL for the petitioners is present. Counsel for the respondent No.1 is absent.

(2.) PRESENT petitions are filed under Articles 226 and 227 of the Constitution of India as the petitioners who are the plaintiffs in O.S. No.39/2013 have been denied an opportunity to file an additional written statement in the nature of reply / rejoinder consequent upon the amendment of written statement.

(3.) AS could be seen from the records, plaintiff was constrained to file an application under Order 6 Rule 17 of CPC in view of the dismissal of his earlier application filed under Order 8 Rule 9 of CPC. There is no definition of Reply or Rejoinder in Section 2 of CPC. But Order 8 Rule 9 of CPC enables the court to permit additional pleadings. If a plaint is amended defendant will be given an opportunity for filing additional written statement.