CHENARAM Vs. DEVARAM

JUDGEMENT

(1.) By way of the present writ petition, the petitioner-plaintiff has assailed the order dtd. 7/1/2026 (Annx.5) passed by the learned District Judge, Balotra in Civil Original Suit No. 43/2024 (Chenaram vs. Devaram and Anr.), whereby the application filed by the petitioner under Order VIII Rule 9 of C.P.C. seeking permission to place subsequent pleadings (rejoinder) on record, has been rejected.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the petitioner submits that the petitioner instituted a civil suit for partition and permanent injunction in respect of the suit property, a residential pattasud land, originally allotted in the name of Late Jetharam, who had constructed shops and residential portions thereon. Upon his intestate demise on 13/10/2023 (his wife having predeceased him), the property is stated to have devolved equally upon his two sons, the petitioner and respondent No.1, each holding a one-half share.