KRISHNAMURTHY Vs. HANUMAKKA

JUDGEMENT

(1.) Petitioner/Plaintiff has invoked the writ jurisdiction of this court for assailing the order dated 23.01.2015 made by the learned IV Addl. Civil Judge (Jr. Dvn) at Tumkur, on his application under Order VIII Rule 9 of CPC, 1908, whereby leave to file rejoinder to the Written Statement of the defendant Nos.8 to 13 is denied on the sole ground that the said provisions of Civil Procedure Code avail only to the defendants and not to the plaintiffs. After service of notice, the respondents have entered appearance through their counsel who opposes the Writ Petition.

(2.) Learned counsel for the petitioner/plaintiff vehemently contends that the right to file rejoinder by way of Additional Pleadings under the provisions of Order VIII Rule 9 of CPC, does avail to the plaintiffs as well and therefore, the impugned order is flawsome, warranting indulgence of this court in its writ jurisdiction to set the injustice at naught, occasioned thereby. In support of his contention, he banks upon certain Rulings of the Apex Court and of this court which shall be adverted to infra.

(3.) Learned counsel for the respondent/defendants taking the court through the text of the said provisions, contends with equal vehemence that the right to file Additional Pleadings by way of Rejoinder, Replication or otherwise is confined to the defendants and an argument to the contrary would militate against the text and context of the said provisions. In support of his submission, he banks upon a Ruling of this court which shall be discussed hereinafter.