AIR 2010 ANDHRA PRADESH 114 ::2010 A I H C (NOC) 810 (AP) ::(2010) 3 CivilCourtC 478 ::2010 (3) BankCas 282 ::(2010) 3 AndhLD 82 ::(2010) 91 AllIndCas 540 (AP) ::2010 (91) AllIndCas 540

Andhra Pradesh High Court

Hon'ble Judge(s): B. Seshasayana Reddy , J

Civil P.C. (5 of 1908) , O.8 R.9— Subsequent pleading - Rejoinder - Plaintiff can be permitted to file rejoinder to explain additional facts incorporated by defendant in written statement. The primary object of subsequent pleading is to supply what has been omitted inadvertently or unintentionally or to deny or clarify the facts stated in the pleadings of the @page-AP115 opposite party. In the rejoinder the plaintiff can be permitted to explain the additional facts, which have been incorporated in the written statement. Application under Order 8, Rule 9, CPC cannot be treated as one under Order 6, Rule 17, CPC as both are contextually different. The petitioner/plaintiff filed the suit for recovery of Rs. 95,000/- basing on a promissory note for Rs. 50,000/-. The respondent/defendant came up with a plea that he discharged the amount due under the promissory note along with the amount due under various promissory notes by executing a registered sale deed in respect of the residential house. The plea taken by the respondent/defendant in the written statement necessitated the petitioner/plaintiff to put on record the additional facts in respect of the documents stated to have been executed by the respondent/defendant in his favour. Proposed pleadings of the petitioner/plaintiff were not contrary to the plaint averment....