1 22 S.B. CIVIL WRIT PETITION NO.10659/2010 Smt.Manju Goswami Vs. Bharat Giri Goswami .... Date of Order :: 19th November 2010. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.S.L.Jain,for the petitioner. .... BY THE COURT Having heard the learned counsel for the petitioner and having perused the material placed on record, this Court does not find it to be a case of jurisdictional error when by the impugned order dated 23.09.2010 the learned District Judge, Chittorgarh has taken on record the replication filed by the plaintiff-husband under Order VIII Rule 9 CPC. It is contended that the impugned order is a non-speaking order and cannot be said to be an order at all. It is also submitted that in the replication, the averments of the original plaint have been expanded and even new facts have been pleaded which were otherwise in the knowledge of the husband at the time of filing of the suit. It is further submitted that the averments taken in certain paragraphs of the replication are more of the matter of evidence than of pleading. 2 True it is that the learned District Judge, Chittorgarh has not expressed the reasonings in the impugned order dated 23.09.2010 and it would have been apt and proper if brief reasonings were stated but then, merely for this flaw in the frame of the order, there does not appear any necessity to consider interference in the writ jurisdiction particularly when the order cannot be said to be wholly without jurisdiction. Moreover, after having gone through the pleadings placed on record, it does not appear that the plaintiff has attempted to make out a new case beyond the subject-matter of the petition for dissolution of marriage; and the averments in replication essentially appear to be in rebuttal to what has been pleaded by the present petitioner-wife in her reply. In the totality of the fact and circumstances, this Court does not find it a fit case to exercise the writ jurisdiction in relation to the order impugned. This petition fails and is, therefore, dismissed summarily. (DINESH MAHESHWARI), J. s.soni