SURESH CHANDRA Vs. MUNICIPAL COUNCIL, KAPASAN AND ANR.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 17.1.2015 passed by the trial court, whereby the application filed by the petitioner under Order 8, Rule 9 Code of Civil Procedure seeking to file replication has been rejected.

(2.) While dismissing the application, the trial court found that the averment sought to be made in the replication, was factually not correct and consequently, rejected the application.

(3.) Learned counsel for the petitioner submits that the trial court was not justified in dismissing the application, inasmuch as, the fact as to whether the averments made in the replication were correct or not was subject matter of investigation during the trial and while deciding the application under Order 8, Rule 9 CPC, the trial court could not have determined the said aspect and therefore, the order impugned deserves to be set aside.