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Supreme Court of India · 29/09/2022

M/S PRIME PROPERTIES versus SANA LAKSHMI DEVI (DIED) THROUGH HER LRS. & ORS.

[2022] 15 S.C.R. 569 · 2022 INSC 1041

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Summary

In 2001 suits to cancel sale deeds of land at Kukatpally, the plaintiff sought leave under Order VIII Rule 9 CPC to file a rejoinder to the new defendants' written statements. The trial court refused because the rejoinder was not before it, then on review took it on record once it found the rejoinder had been filed. The Telangana High Court set that aside as beyond the limits of review. The Supreme Court found shortcomings in both courts' orders, since neither examined which pleadings actually called for a reply. Given its directions for a priority trial, and that additional issues had already been framed, it let the rejoinder stand. The defendants could file a sur-rejoinder confined to any new facts in it, no further issues were to be framed, and pleading questions were left for the final decision.

Issues

  1. Whether the trial court could, on review, take on record a rejoinder that had been filed before its order refusing leave but not placed before it.
  2. How subsequent pleadings should be handled in long-pending suits that this Court had directed to be tried with priority.

Provisions considered

Held

Result

Appeal disposed of. The High Court's order was set aside, and the trial court's order of 29.12.2021 was restored with modification: defendants 4 to 11 could file a sur-rejoinder confined to new facts in the rejoinder. No further issues were to be framed, and the trial was to be concluded preferably before 31.03.2023.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 569.