1 SB Civil Writ Petition No.1989/2007 Rajendra Baheti. vs. ADJ (FT) No.2, Bhilwara & Ors. S.B. Civil Writ Petition No.1989/2007 Rajendra Baheti. vs. Addl. District Judge (FT) No.2, Bhilwara and ors. Date : 16.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.S Srimali, for the petitioner. Mr.H Maheshwari, for the respondents. - - - - - Heard learned counsel for the parties. The petitioner/defendant is aggrieved against the order dated 19.8.2006 by which the trial court allowed the plaintiff's application filed under Order 8 Rule 9 CPC on the ground that the order is non-speaking. The trial court specifically held that the defendant took new pleas on the basis of Will and for that the plaintiff is required to plead his case and because of that view, the rejoinder filed by the plaintiff was taken on record by the trial court. 2 SB Civil Writ Petition No.1989/2007 Rajendra Baheti. vs. ADJ (FT) No.2, Bhilwara & Ors. The contention of learned counsel for the petitioner that the order of the trial court is non-speaking, has no legal and factual foundation because of the reason that there is no need for the trial court to give lengthy order after it is satisfied that there is reason for allowing the rejoinder filed by the plaintiff. The trial court clearly held that the defendant in his written statement gave new facts about the Will and, therefore, rejoinder is necessary. In view of the above, this writ petition, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya