Sainkul Chorasi Purbia Piao And Bagechi Sansthan, Naiyon Ki Bagechi Kamla Nehru Nagar First, Chopasni Road, Jodhpur Through, Present Vice-President Hariom S/o Shyam Lal Ji v. Achalaram, S/o Shri Pukhraj
2024-08-07
REKHA BORANA
body2024
DigiLaw.ai
ORDER : (Rekha Borana, J.) : 1. The present writ petition has been preferred against the order dated 16.12.2019 passed by the Additional District Judge No.1, Jodhpur Metropolitan in Civil Suit No.04/2019 whereby the application under Order 8 Rule 9, CPC as preferred by the plaintiffs has been allowed and the rejoinder as filed by them has been permitted to be taken on record. 2. While allowing the application, the learned Court specifically recorded a finding that there were certain new facts averred by the defendants and hence, the pleadings as made in the rejoinder were in response to the said new facts only. The Court therefore permitted the rejoinder as filed to be taken on record. 3. A perusal of the record makes it clear that the order impugned was passed way back in the year 2019 and after the said order been passed, the matter was posted for plaintiffs’ evidence. Meaning thereby, much water has flown thereafter. 4. This Court is not inclined to interfere in the present writ petition at this stage as, after 2019, when the matter was posted for plaintiffs’ evidence, substantial proceedings would have already been undertaken in the suit. Hence, the present writ petition is disposed of. 5. Stay petition and all pending applications, if any, stands disposed of.