IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD FRIDAY, THE ELEVENTH (11TH) DAY OF MARCH, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP No.3558 of 2008 Between: Mallikarjuna Srinivas Gupta … Petitioner And: Sheshirekha & another … Respondents HON’BLE SRI JUSTICE SRI G.V.SEETHAPATHY CRP No.3558 of 2008 ORDER: This revision is directed against the order dated 02.07.2008 in IA No.665 of 2008 in OS No.82 of 2004 on the file of the Principal Junior Civil Judge, Sangareddy, wherein, the said application filed by the petitioner herein seeking permission to file rejoinder, was dismissed. 2. Heard the learned counsel for the petitioner. None appeared for the respondents. Perused the record. 3. The petitioner herein filed suit against the respondents herein for declaration of title and for recovery of possession of the plaint schedule property. The defendants filed written statement, contesting the suit. Subsequently, the defendants filed additional written statement, raising certain additional pleas. Thereafter, the plaintiff filed IA No.665 of 2008 seeking permission to file a rejoinder in reply to the additional written statement. The trial Court by impugned order dismissed the said application on the ground that the additional pleas sought to be raised in the name of rejoinder are inconsistent with the averments made in the original plaint. 4. It is to be noted that when the defendants were permitted to file additional written statement, it is only just and fair that an opportunity be given to the plaintiff to file a rejoinder in reply to the additional written statement. The question as to whether or not the pleas raised in the rejoinder are inconsistent with the averments in the original plaint and as to the impact of such inconsistencies, if any, the matters to be considered at an appropriate stage by the trial Court. The plaintiff cannot be deprived of an opportunity to meet the additional pleas raised by the defendants by way of additional written statement by filing a rejoinder. 5. In ‘Sri Gavi Matt Samsthanam, Uravakonda vs. Danda Narayana Swamy[1]’, this Court held that ‘the lower Court clearly acted with material irregularity in exercise of its jurisdiction in refusing such permission to rejoinder’. 6. In ‘Punuru vijaya Lakshmi vs. Dr. Punuru Venkata Reddy[2]’, this Court held that ‘the scope of Rule 9 of Order 8 CPC is much wider than Rule 8 and not only permits filing of subsequent pleadings, as a matter of right, in cases where the defendant sets up a counter-claim or pleads set off in his written statement, but also in other cases with the leave of the Court and thus, under Order 8 Rule 9 CPC a plaintiff can file a rejoinder with the leave of the Court even in cases where the defendant has not pleaded set-off or a counter-claim’. 7. In ‘T.Laxman Kumar vs. G. Laxmikantha Reddy[3]’, this Court held that ‘the necessity to allow subsequent pleadings emanates from the basic principle that no party to the proceeding can lead evidence, unless a foundation is laid for it, to the pleadings.’ It was further held that ‘since the corresponding version of the plaintiff in replication to the additional facts, pleaded by defendant, does not form part of the pleadings in the plaint, the plaintiff would be disabled from leading evidence on those aspects, and to that extent the adjudication would be incomplete.’ 8. In view of the principles laid down in the above decisions and also the fact that the defendants were permitted to file additional written statement, it is only just and appropriate in the interest of fair-trial that the plaintiff be afforded an opportunity to meet the additional pleas raised by the defendants by filing rejoinder. The impugned order of the trial Court rejecting the application filed by the plaintiff seeking permission to file rejoinder, is therefore unsustainable and is liable to be set aside and accordingly set aside. 9. In the result, the civil revision petition is allowed. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 11.03.2011 bss [1] 1999(6) ALT 800 [2] 2000(4) ALT 509 [3] 2004(5) ALD 561