Rejoinder in temporary injunction proceedings may be allowed with leave of court when new facts or pleas are raised.

Section 141 extends the Code's suit procedure to civil proceedings so far as it can be applied, and temporary injunction proceedings under Order 39 Rule 1 and 2 may therefore permit subsequent pleadings where justice requires it. Order 8 Rule 9 allows a rejoinder with the leave of the court, and the court's power to impose terms and costs was treated as a sufficient safeguard against delay or abuse. The explanation to Section 141 does not exclude other miscellaneous proceedings merely because Order IX proceedings are expressly mentioned. A rejoinder may be filed where the defendant raises new pleas or facts in the reply to an injunction application, subject to leave.

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Issues: Whether a rejoinder can be permitted in proceedings on an application for temporary injunction by invoking Order 8, Rule 9 read with Section 141 of the Code of Civil Procedure.

Analysis: Section 141 makes the procedure provided in the Code in regard to suits applicable, as far as it can be made applicable, to all proceedings in civil jurisdiction. Proceedings on an application under Order 39, Rule 1 and 2 are miscellaneous proceedings, and the Court treated them as proceedings in which the suit procedure may be applied where it furthers justice. Order 8, Rule 9 permits subsequent pleadings with the leave of the Court, and the requirement of leave, together with the Court's power to impose terms and costs, was held sufficient safeguard against delay or abuse. The explanation to Section 141 was held not to exclude other miscellaneous proceedings merely because proceedings under Order IX are expressly included. The Court further held that a rejoinder may be necessary where the defendant introduces new pleas or facts in the reply to the injunction application.

Conclusion: A rejoinder is permissible in temporary injunction proceedings under Order 8, Rule 9 read with Section 141, subject to the leave of the Court.

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