Code of Civil Procedure, 1908–Order 8, Rule 9–Rejoinder–Permission for filing–Declined by trial Court–Justification–Suit for permanent injunction–Defendants denied the averments made in plaint and gone up to the extent that the patta was forged–Plaintiff did not seek to introduce new facts or amendment in plaint by way of rejoinder–He tried to controvert the additional fact brought in written statement–Held, trial Court committed error in rejecting the application.
