SULTAN SINGH Vs. KISHAN SINGH

JUDGEMENT

(1.) Counsel for the petitioner submits that the learned trial Court erroneously rejected the application under Order 8 Rule 9 read with Sec. 151, CPC as filed by the plaintiff for taking the rejoinder on record despite the fact that vide the written statement, certain new facts under the heading of Special Reply (fo'ks"k tokc) were pleaded by the defendants. The said averments/pleadings essentially needed to be replied to and hence, the rejoinder as filed by the plaintiff ought to have been taken on record.

(2.) Heard the counsel. Perused the record.

(3.) A bare perusal of the written statement, specifically paras 13 to 19 of the same, makes it clear that some new pleadings under the caption 'fo'ks"k tokc' had been made by the defendants. Perusal of the rejoinder as sought to be placed on record makes it clear that it is only the reply to the said specific paras which was sought to be filed vide the said rejoinder and nothing more than that.