Code of Civil Procedure, 1908–Order 8, Rule 9–Trial Court reviewed it’s earlier order and allowed the rejoinder already filed by the appellant to be taken on record–High Court set aside the order–Plaintiff-appellant sought an order for taking rejoinder on record without disclosing as to what sought to be pleaded therein–Such attempt was rightly disapproved by the trial Court–However, it was allowed by reviewing the earlier order, therefore, the High Court also rightly disapproved the approach of trial Court–Newly added defendants have filed their written statement–In view of comprehensive consideration of all the relevant factors, the defendant nos. 4 to 11 shall be permitted to place on record their further pleadings in the form of surrejoinder only to the extent of new facts, if any pleaded in the rejoinder.


