S.B.CIVIL WRIT PETITION NO. 383/09 (Smt. Prem Devi vs. Shri Ram Pratap) DATE OF ORDER : 13/7/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Arvind Samdariya, for the petitioner. Mr.Vinay Jain, for the respondent. This petition is directed against the order dated 6/11/2008, whereby, the plaintiff's application under Order 8 Rule 9 CPC has been rejected by the learned trial court. With the said application, the plaintiff has filed rejoinder to the written statement filed by the defendants, which was refused to be taken on record. Having heard learned counsels, this Court is of the opinion that since the defendants have stated in the written statement that Ram Pratap was adopted by someone else and it is necessary for her to rebut the same pleading by way of rejoinder. In these facts and circumstances of the case, learned trial court ought to have allowed the rejoinder to be taken on record. Consequently, this writ petition is allowed. Impugned order dated 6/11/2008 is set aside and the rejoinder filed by the plaintiff may be taken on record. (DR.VINEET KOTHARI), J. item no.31 baweja/-