GOURI SHANKAR MAHATO Vs. CHEPIA MAHATAIN
LAWS(JHAR)-2018-9-43
HIGH COURT OF JHARKHAND
Decided on September 26,2018

Gouri Shankar Mahato Appellant
VERSUS
Chepia Mahatain Respondents

JUDGEMENT

Shree Chandrashekhar, J. - (1.) The petitioner feels aggrieved of order dated 20.06.2012 passed in Title Suit No.276 of 2007 by which his application under Order VIII Rule 9 CPC has been rejected.
(2.) On a bare reading of the aforesaid application dated 29.01.2010, I come to a conclusion that the petitioner has no reason to feel aggrieved by rejection of that application.
(3.) The provision under Order VIII Rule 9 CPC, is not a provision under the Code for filing written statement by the defendant, except where a counter-claim or a claim for set-off has been raised in the suit. Order VIII Rule 9 CPC reads as under : "9. Subsequent pleadings No pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or additional written statement from any of the parties and fix a time of not more than thirty days for presented the same.";


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