ANAND KANWAR Vs. SAMANDER SINGH @ SAMUNDER SINGH

JUDGEMENT

(1.) THE present writ petition has been filed seeking to challenge the order dt 28.05.2012 passed by the learned trial Court whereby, the application filed by the petitioners under order 8 Rule 9 CPC seeking permission to file replication has been rejected. It is seen from the application filed by the petitioners as Annexure -3 that mere averments have been made in the application indicating the paragraphs in the written statement regarding which the petitioners wanted to file replication.

(2.) HOWEVER , draft replication has not been filed alongwith the application under Order 8 Rule 9 CPC. The learned trial Court has rightly observed that the petitioners have not clarified in the application as to what reply they wanted to file and, therefore, has rightly reject the application under Order 8 Rule 9 CPC.

(3.) IN that view of the matter, a liberty is granted to the petitioners to move a fresh application under Order 8 Rule 9 CPC alongwith draft replication which they propose to file. The said application would thereafter be considered by the trial Court and appropriate orders would be passed thereon. With these observations, this writ petition is disposed of.