THE HON’BLE Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No. 2671 OF 2011 Dated: 20.12.2011 Between : P.Pavan Kumar … Petitioner And Syndicate Bank … Respondent The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No. 2671 OF 2011 O R D E R: The revision petitioner is the 1st defendant in O.S.No.2151 of 2005 on the file of the Court of the VII-Addl. Senior Civil Judge, Rangareddy District at L.B. Nagar. The 1st respondent herein/the plaintiff filed the suit for recovery of money. The revision petitioner/1st defendant filed written statement contesting the suit claim apart from making a counter claim for Rs.4,19,886/- The plaintiff filed a rejoinder to the counter claim. Subsequently, the revision petitioner/1st defendant filed I.A.No.1977 of 2009 seeking permission to file a rejoinder to his counter claim stating that the plaintiff in his rejoinder to the counter claim had taken new pleas, which were not originally stated in the plaint and therefore, it is necessary for him to file a rejoinder to establish his case. The said application was dismissed by the Court below by order dated 20.09.2010 and aggrieved by the same, the present Revision Petition is filed. I have heard the learned counsel for both the parties and perused the material available on record. Apparently, the application was dismissed by the Court below only on the ground that there is no provision under which the defendant can seek permission to file a rejoinder to his written statement-cum-counter claim. However, as rightly submitted by the learned counsel for the petitioner, though the expression rejoinder was used in I.A.No.1977 of 2009, in fact it is nothing but subsequent pleading which can be permitted by the Court in the circumstances specified in Order VIII Rule 9 of C.P.C. Therefore, the Court below committed an error in dismissing the application only on the ground that there is no such provision. Accordingly, the order under Revision is hereby set aside and the Civil Revision Petition is disposed of with a direction to the Court below to reconsider I.A.No.1977 of 2009 in O.S.No.2151 of 2005 and pass appropriate orders in terms of Order VIII Rule 9 of C.P.C, as expeditiously as possible, preferably within a period six (6) weeks from the date of receipt of this order. No costs. ___________ G. ROHINI, J Date: 20.12.2011 Ivd