Pleadings – Filing of – Suit pending for long, multifarious incidental proceedings – Subsequent pleadings filed by the plaintiff in the form of rejoinder taken on record by Trial Court, in supersession of its earlier order whereby such permission was declined – Order set aside by High Court – On appeal, held: Impugned order set aside but the order passed by the Trial Court is modified – On facts, the defendant Nos. 4 to 11 permitted to place on record their further pleadings in the form of sur-rejoinder but only to the extent of new facts, if any, pleaded in the rejoinder filed by the plaintiff – Thus, sur-rejoinder to remain confined to any such fact, if at all, newly pleaded by the plaintiff in the rejoinder – This particular proposition is required to be adopted in the present matter, in view of several features and factors including two significant factors: one, that under the orders passed by Supreme Court, the trial of the suit is to proceed expeditiously while the matter ought to be assigned a specific priority; and second, that on 31.01.2022, Trial Court had indeed framed additional issues for the trial – No further issues are required to be framed in this matter and all other aspects of the matter, particularly those relating to pleadings be examined by the Trial Court at the time of final disposal of the suit – Code of Civil Procedure, 1908.
Disposing of the appeal, the Court
HELD: 1.1 In this matter, essentially pertaining to the operation of rules of procedure in the trial of civil suits, the views as taken by the Trial Court in its order dated 29.11.2021 and the order dated 29.12.2021 as also the view as taken by the High Court in its impugned order dated 14.03.2022 carry their own shortcomings but, appropriate orders are required to be passed for ensuring proper progression of the suits. In none of the referred orders i.e., the orders dated 27.11.2021 and 29.12.2021, the Trial Court ever adverted to the fundamental aspect as to what were the facts pleaded by the defendants and what was the core of pleadings so as to form a specific opinion as to what pleadings called for rejoinder; if at all rejoinder was to be allowed. On the other hand, fact of the matter remains that the newly added defendants had filed written statements on 27.09.2021. Even if there had been delay in progression of the suit because of variety of factors and even if a part of those factors could be referable to the delay on the part of the plaintiff, that cannot take away the substance of the matter as regards the question as to whether the prayer for filing rejoinder was to be granted or not. [Paras 8, 9][578-G-H; 579-A-D]
1.2 The other side of relevant factors is that in terms of the orders passed by this Court commencing from the order dated 08.05.2019, the trial is required to be assigned specific priority. It has been pointed out that by an order dated 05.06.2022, this Court in a batch of matters arising out of the same suits, has ordered that the Trial Court shall be sending specific report as regards progress of the suits and assign them specific priority so as to conclude the trial at the earliest, preferably before 31.03.2023. A cognate feature of the matter is that the Trial Court had framed the issues earlier on 19.08.2005; and before passing of the impugned order by the High Court, the Trial Court had framed seven additional issues on 31.01.2022.In a comprehensive consideration of all the relevant factors and features, this appeal calls for such orders which may be conducive to the purpose of expeditious proceeding rather than protraction because of the procedural aspects relating to the filing of the pleadings. At the same time, balance of the operations of the rules of procedure is also required to be ensured, so as to avoid any likely prejudice to any of the parties. [Paras 10, 11][579-D-G]
1.3 The impugned order dated 14.03.2022 is set aside but the order passed by the Trial Court on 29.12.2021 shall be made applicable with the modification that in the peculiar circumstance of this case, the defendant Nos. 4 to 11 shall be permitted to place on record their further pleadings in the form of sur-rejoinder but only to the extent of new facts, if any, pleaded in the rejoinder filed by the plaintiff. In other words, sur-rejoinder shall remain confined to any such fact, if at all, newly pleaded by the plaintiff in the rejoinder. This particular proposition is required to be adopted in this matter, keeping in view several features and factors including two significant factors: one, that under the orders passed by this Court, the trial of the suit is to proceed expeditiously while the matter ought to be assigned a specific priority; and second, that on 31.01.2022, Trial Court had indeed framed additional issues for the trial. [Paras 12, 13][580-B-D]
1.4 No further issues are required to be framed in this matter and all other aspects of the matter, particularly those relating to pleadings, shall be examined by the Trial Court at the time of final disposal of the suit. The directions already given by this Court that the matter ought to be assigned specific priority so that trial be concluded at the earliest, preferably before 31.03.2023 are reiterated. [Paras 14, 15][580-E]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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