THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 4728 of 2008 Date of order: 8.7.2010 Between: Dr. D. Vijetha …Petitioner and D. R. Shargi ...Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 4728 of 2008 ORDER: The application of the petitioner before the Family Court for leave to file a rejoinder was rejected by the impugned order, dated 20.9.2008, against which this revision petition is preferred. Heard both sides. Order 8, Rule 9 of the Code of Civil Procedure, which deals with rejoinder, clearly provides that with the leave of court, a party may be allowed to file rejoinder. The Family Court has manifestly understood as if rejoinders are allowed only in cases of counter claim or set off, whereas in law a rejoinder can be filed to explain the pleadings. The Family Court has also not kept in mind that without a plea in the rejoinder explaining the pleadings, the petitioners may not be able to lead evidence. The necessity of filing rejoinder is, therefore, for the petitioner keeping in view the counter or the written statement, as the case may be, and therefore, I am the opinion that the impugned order is liable to be set aside and it is accordingly set aside. Since the petitioner has already filed the rejoinder along with IA No. 548 of 2008, and the OP is of the year 2008, the Family Court is requested to expeditiously dispose of the OP on merits in accordance with law and in any case by or before the end of November, 2010. The revision petition is accordingly allowed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 8.7.2010 KR