T LAXMAN KUMAR Vs. G LAXMIANTHA REDDY

JUDGEMENT

(1.) This civil revision petition is filed against the order dated 19.4.2004 in LA. No.6 of 2002 in O.S. No.79 of 2001 on the file of Junior Civil Judge, Jadcherla.

(2.) Petitioner filed the suit for recovery of certain amounts from the respondent. On receipt of the notice, the respondent filed written statement. One of the pleas taken in the written statement is that the suit amount was repaid and thereby the liability under the promissory note is discharged. The petitioner filed LA. No.6 of 2002 seeking permission of the Court to file a rejoinder in the form of additional pleadings to the assertion made by the respondent as regards discharge of the suit amount. The Trial Court rejected the application through the order under revision.

(3.) Sri K. Someswar Kumar, learned Counsel for the petitioner, submits that the necessity to file the rejoinder arose on account of the plea taken by the respondent in the written statement to the effect that the suit amount was paid and that the petitioner issued a receipt for the same. He submits that the view taken by the Trial Court that there cannot be any further pleadings other than counter-claim or set off runs contrary to the scope of Rule 9 of Order VIII C.P.C.