// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.10466/2007 With S.B. Civil Misc. Stay Appl. No.1293/2007 Ramswaroop S/o Shri Durga Lal Versus Ramjilal S/o Shri Durga Lal and Others Date of Order ::: 04.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri J.P. Goyal, Counsel for petitioner Shri S.C. Gupta, Counsel for contesting- respondents #### By the Court:- Admit. Shri S.C. Gupta, Advocate, appears for the contesting respondents. Heard learned counsel for the parties. The plaintiff-petitioner filed a suit for partition, declaration and permanent injunction in the trial court wherein different defendants filed their different written- statements. Thereafter the plaintiff filed an application under Order 8 Rule 9 CPC to take rejoinder on the record along-with documents. The trial court rejected the application vide order dated 1st December, 2007 and directed to return the documents, filed along-with the rejoinder, to the plaintiff. // 2 // I have examined the impugned order passed by the trial court for rejecting the application of the plaintiff filed under Order 8 Rule 9 CPC in the light of submissions made on behalf of the learned counsel for both the parties and, after considering the same, I find that, in the facts and circumstances of the case, the filing of rejoinder by plaintiff was necessary and the trial court committed an illegality in rejecting his application. Consequently, the writ petition is allowed. The impugned order dated 1st December, 2007 passed by the trial court is set-aside. The application of the plaintiff-petitioner under Order 8 Rule 9 CPC is allowed. The rejoinder filed with the application may be taken on the record. So far as documents filed along-with the rejoinder are concerned, it will be open for the plaintiff-petitioner to file the said documents in accordance with the law. The costs is made easy. In view of this order, the stay application, filed along-with the writ petition, also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//