1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.5508 OF 2009 Sureshchandra K. Amondikar .. Petitioner Versus Kisan Bhikoba Chavan .. Respondent Ms.Nita Solanki i/by Kiran Jain & Co for the petitioner. CORAM : A.S.OKA, J. DATE : 17 th August 2009. P.C.: . Heard learned counsel appearing for the petitioner who is the original plaintiff in support of this writ petition under Article 227 of the Constitution of India. After written statement was filed by the respondent-defendant, an application was made by the petitioner seeking permission to file rejoinder to the written statement. By the impugned order, the said application has been rejected. 2. The learned counsel appearing for the petitioner submitted that the written statement was filed after commencement of recording of 2 evidence of petitioner and therefore it was necessary to allow the petitioner-plaintiff to file rejoinder for dealing with the factual assertions in the written statement. 3. Under the amended Rule 9 of Order VIII of the Code of Civil Procedure, 1908 no pleading subsequent to the written statement of the defendant other than by way of defence to set off or counter claim shall be presented except with the leave of the Court. The Court has exercised the discretion by rejecting the application made by the petitioner. Unless there is a counter claim or set off, ordinarily, such further pleadings by the plaintiff cannot be permitted to be filed. Only in an exceptional case that the Court can grant such a leave. 4. If the grievance of the petitioner is that written statement was permitted to be filed after affidavit in lieu of examination-in-chief was filed by the petitioner, the petitioner can always apply to the trial Court for grant of permission to file further affidavit in lieu of 3 examination-in-chief or to lead further evidence. 5. Subject to what is observed above, no case is made out for granting permission to the petitioner to file rejoinder. The writ petition is rejected. (A.S.OKA,J)