HELI Vs. NEMI CHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and perused the orders impugned.

(2.) THE order dated 10.04.2012, impugnedin SBCWP No.5741/2012, was passed by the court below while deciding application seeking permission to file rejoinder to the written statement. In the Writ Petition No.5748/2012, by the impugned order dated 10.04.2012, while deciding application for permission to file rejoinder, to the reply filed by defendants to Temporary Injunction Application, the learned court below observed that order dated 10.04.2012 passed in the main suit will be applicable.

(3.) IN the interest of justice, it would be appropriate to allow an opportunity to the petitioners to submit their proposed subsequent pleadings and the learned court below will consider the same and pass a fresh order in accordance with settled principles of law that plaintiff can not be allowed to introduce new pleas by way of filing rejoinder so as to alter the basis of his plaint. In the rejoinder, the plaintiff can be permitted to explain the additional facts, which have been incorporated in the written statement. The plaintiff can not be allowed to come forward with an entirely new case in his rejoinder. The plaintiff can not be permitted to raise inconsistent pleas so as to alter his original cause of action.