w w w . L a w y e r S e r v i c e s . i n

C.A. Galika Kotwala & Co. Pvt Ltd., Mumbai, reptd by its Manager (Accounts) & Another v/s M/s Sri Kailasanandha Cotton Syndicate Pvt Ltd., Guntur, reptd by its Managing Director-T.P. Krishna Rao

Company & Directors' Information:- THE COTTON CORPORATION OF INDIA LIMITED [Active] CIN = U51490MH1970GOI014733

Company & Directors' Information:- J. K. COTTON LIMITED [Active] CIN = U17111UP1924PLC000275

Company & Directors' Information:- P D COTTON PRIVATE LIMITED [Active] CIN = U52321GJ2007PTC051857

Company & Directors' Information:- R. I. COTTON PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC061139

Company & Directors' Information:- D D COTTON PRIVATE LIMITED [Active] CIN = U17120MH1994PTC156054

Company & Directors' Information:- P. I. COTTON PRIVATE LIMITED [Active] CIN = U17120GJ2007PTC050747

Company & Directors' Information:- B V COTTON PRIVATE LIMITED [Active] CIN = U17111GJ2004PTC044704

Company & Directors' Information:- S K COTTON PRIVATE LIMITED [Active] CIN = U17110GJ2006PTC047511

Company & Directors' Information:- S R COTTON PRIVATE LIMITED [Active] CIN = U17120KA2013PTC071881

Company & Directors' Information:- S D S COTTON PVT LTD [Active] CIN = U17115PB1991PTC011007

Company & Directors' Information:- P A COTTON PVT LTD [Active] CIN = U74999WB1992PTC055525

Company & Directors' Information:- D D COTTON PRIVATE LIMITED [Not available for efiling] CIN = U17115PB1994PTC014981

Company & Directors' Information:- K S COTTON PRIVATE LIMITED [Active] CIN = U17299WB2003PTC096994

Company & Directors' Information:- GUNTUR COTTON PRIVATE LIMITED [Active] CIN = U18100AP1984PTC004770

Company & Directors' Information:- B D COTTON PRIVATE LIMITED [Active] CIN = U51909GJ1978PTC003234

Company & Directors' Information:- G K COTTON PVT LTD [Active] CIN = U00309BR1982PTC001698

Company & Directors' Information:- R R COTTON PRIVATE LIMITED [Active] CIN = U17111DL1998PTC094459

Company & Directors' Information:- C R COTTON INDIA PRIVATE LIMITED [Active] CIN = U17299DL2006PTC145903

    Civil Revision Petition No. 1882 of 2015

    Decided On, 31 July 2015

    At, In the High Court of Judicature at Hyderabad


    For the Petitioners: Ghanta Rama Krishna, Advocate. For the Respondent: None appeared.

Judgment Text

This Civil Revision Petition arises out of order, dated 02.09.2014, in I.A.No.1018 of 2014 in O.S.No.373 of 2012 on the file of the learned Principal District Judge, Guntur, permitting the respondent to file a rejoinder.

Under Order-VIII Rule-9 of the Code of Civil Procedure, a party shall not file any pleading subsequent to the filing of the written statement of the defendant either by way of a defence to set-off or counter claim, except by the leave of the Court. Though Order-VI Rule-1 C.P.C. has not included rejoinder as a pleading, conventionally, the Courts invariably allow rejoinders to be filed as part of additional pleadings.

This Court in Gorantla Kondalarayudu Vs. M/s Marvel Organics, reptd., by its Partners, Chirala and others 1997(5) ALT 663) held as under:

'Order-8 Rule-9 of C.P.C. should not be confused by reading together that it permits only additional written statement by way of pleadings. Because the expression used therein is ‘that no pleading’ subsequent to written statement shall be filed meaning thereby both plaint and written statement. Pleadings shall mean plaint and written statement as per Order-6 Rule-1 C.P.C. In that context, the pleadings and additional pleadings in Order-8 Rule-9 include the additional plaint also which can be either called as rejoinder or the reply in its real consequences.'

In the light of the above position in law, I do not find any jurisdictional error in the order of the lower Court in permitting the petitioner to file rejoind

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er. Hence, the Civil Revision Petition is dismissed. As a sequel to dismissal of the Civil Revision Petition, CRPMP.No.3277 2015 is dismissed as infructuous.