GAVI MATT SAMSTHANAM Vs. DANDA NARAYANA SWAMY

JUDGEMENT

(1.) In spite of service of notices on them, the respondents have not chosen to appear either in person or through Counsel to oppose this Civil Revision Petition. Heard the learned Counsel for the petitioners.

(2.) This revision is directed against the order passed by the lower Courtrefusing to permit the plaintiff to file a rejoinder to the written statement filed by the defendants in the suit. The suit is filed by Sri Gavi Mutt Samasthanam, Uravakonda, represented by its Manager for permanentinjunction restraining the defendants and their agents not to interfere with the plaintiff's peaceful possession and enjoyment of the suit site. In the written statement filed by them the defendants have, inter alia, questioned the competence of the Manager of the plaintiff-mutt to file the suit. In the proposed rejoinder the plaintiff wanted to explain how the Manager is competent to institute the suit on behalf of the mutt and in what capacity the suit is filed by him. The plaintiff also wanted to rebut some of the allegations made by the defendants in their written statement touching the merits.

(3.) The lower Court dismissed the application filed by the plaintiff on themain ground that the petition is purported to be filed under Section 151 C.P.C. and no specific provision is mentioned by the plaintiff for filing a rejoinder. The lower Court also observed that the application is belated as the suit has reached the stage of trial.