IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWELVE PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.1980 of 2012 BETWEEN Dr. Vootla Ram Mohan Rao. ... PETITIONER AND Mukamalla Suguna. ...RESPONDENT Counsel for the Petitioner: MR. B. NARASIMHA SARMA Counsel for the Respondent: --NONE APPEARED-- The Court made the following: ORDER: Heard the learned counsel for the petitioner. Respondent though served, nobody appears. 2. The only issue, which arises for consideration, is whether the revision petitioner/plaintiff is entitled to grant of leave to file rejoinder. The Court below has declined leave on the ground that there is no need to file rejoinder by the plaintiff. 3. I am unable to appreciate as to how the Court below could say whether rejoinder by the plaintiff is required or not and it is for the plaintiff, as Dominus Litus, to seek leave to file rejoinder, if he feels that any allegation in the defendant’s written statement is required to be clarified by filing a rejoinder. The Court below has, apparently, misunderstood the provisions of Order VIII Rule 9 of the Code of Civil Procedure, 1908 and erroneously declined to grant leave by observing that the petitioner can lead evidence during the trial without necessity of rejoinder. The said view being clearly unsustainable, the impugned order is liable to be set aide and petitioner’s application I.A.No.466 of 2011 deserved to be allowed. 4. The aforesaid view is also fortified by a decision of this Court in ALOOR SUBRAHMANYAM v. SUTHRAM PRABHAKAR [1] . The civil revision petition is accordingly allowed. If the petitioner has not filed rejoinder so far, he may do so within a period of two (2) weeks from today and thereafter, the trial Court shall proceed in the matter, on merits, as per law. As a sequel, the miscellaneous applications, if any, shall stand disposed of as infructuous. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J September 13, 2012 DSK [1] 2012 (2) ALT 580