GURJANT SINGH Vs. KRISHAN CHANDER

JUDGEMENT

(1.) IN the instant case, respondent No. 1 was given time to file written statement to the election petition, vide order dated 11. 1. 2000 and the matter was directed to be listed on 24. 2. 2000. The written statement was filed and a copy of the same was served upon the learned counsel for the election petitioner, but the Bar Association had resolved to observe strike on 24. 2. 2000, therefore, the matter was mentioned on 23. 2. 2000 that it would not be possible for the Advocates to appear on 24th Feb, therefore, the matter may be adjourned further and meanwhile, as written statement has been filed, petitioner may be given time to file rejoinder. It was requested and agreed that the order will be passed next day as the matter had not been on the board that day, not the file could be summoned.

(2.) ON 24. 2. 2000, though none of the lawyers appeared in the Court but the order was passed to list the matter on 16. 3. 2000 for further orders and meanwhile petitioner was allowed to file rejoinder. Rejoinder has been filed in detail and when the matter was listed on 16. 3. 2000, Mr. Bhoot, learned counsel for respondent No. 1, raised the objection regarding right of petitioner to file rejoinder. The matter was heard in length on 16. 3. 2000 and again on 23. 3. 2000. Though the leave had been granted on oral request of the learned counsel for petitioner and Mr. Bhoot was aware of it, but considering the seriousness of the objection of Mr. Bhoot, both the parties were allowed to argue on merit.

(3.) IN Veerasekhara Varamarayar vs. Amirthavalliammal & Ors. (3), the Division Bench of Madras High Court held that where the defendant brings the new facts in the written statement, the plaintiff must get a chance to file a rejoinder challenging the truth and binding nature of the allegations/averments made in the written statement. But law does not compel the plaintiff to file a replication/rejoinder and the plaintiff cannot be deemed to have admitted the same simply because he had not filed the rejoinder.