Code of Civil Procedure, 1908–Order 8, Rule 9–Rejoinder was taken on record by allowing the application–Justification–As per provisions of Order 8, Rule 9, only the pleadings can be permitted up to the extent of defence to set off the counter-claim–It is incumbent upon the trial Court to record the reasons for permitting any further pleadings after filing the written statement–At least a comparative discussion of the plaint and rejoinder is required to be taken note of to come to the conclusion that there is no material change in the rejoinder filed by the plaintiff–Impugned order quashed and set aside and directed for passing a speaking order after recording the reasons.
