[2025:RJ-JP:47584] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 171/2025 Ghanshyam Bhardwaj S/o Late Shri Bihari Lal, Aged About 81 Years, R/o Town Thanagazi, Tehsil Thanagazi, District Alwar (Raj.) ----Petitioner/Defendant Versus 1. Ramkishore Bhardwaj S/o Late Shri Biharilal Bhardwaj, Aged About 78 Years, R/o Village Mandari, Tehsil Thanagazi, District Alwar (Raj.) ……...Respondent/Plaintiff 2. Nagar Palika Thanagazi, Through Executive Officer, Nagar Palika Thanagazi, Tehsil Thanagazi District Alwar (Raj.) ----Proforma-Respondent/Defendant For Petitioner(s) : Mr. Kailash Chand Sharma For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Order 25/11/2025 Learned counsel for the petitioner submits that the learned trial Court vide impugned order dated 19.09.2024 has allowed the plaintiff to place on record the rejoinder to the reply filed by the petitioner. Learned counsel further submits that if the plaintiff wanted to controvert the additional pleas of the reply submitted by the petitioner, then plaintiff ought to have filed application under Order 6 Rule 17 CPC for amendment in his pleadings of suit and therefore, he prays that the order dated 19.09.2024 may be set aside and the application filed by the respondents under Order 8 Rule 9 CPC may be dismissed. [2025:RJ-JP:47584] (2 of 2) [CW-171/2025] Having heard learned counsel for the petitioner, this Court finds that the petitioner in his reply has not only made para-wise reply, but has also made additional pleas in his reply. Once additional pleas in the reply are made then the provision of Order 8 Rule 9 comes into play whereby, the plaintiff gets the right to file rejoinder to the additional pleas submitted by the defendant. The contention of the petitioner herein that plaintiff ought to have filed the application under Order 6 Rule 17 for the amendment of the pleadings deserves to be rejected as the appropriate provision available to the plaintiff is only by way of filing an application under Order 8 Rule 9 CPC. Therefore, this Court finds no illegality or perversity in the order of the learned trial Court so as to call for any interference by this Court under its writ jurisdiction under Article 227 of the Constitution of India. For the reasons mentioned above, the writ petition fails and hereby dismissed. Pending application(s), if any stands disposed of. (BIPIN GUPTA),J Sudha/1