Rejoinder by leave of court only, and only to answer new facts in the written statement without changing the original case.

Order 8 Rule 9 CPC permits a rejoinder only with leave of the court, and that leave is discretionary rather than a matter of right. A rejoinder may be allowed only to answer specific new factual assertions in the written statement; it cannot introduce a new, inconsistent, or expanded case or alter the basis of the plaint. Mere denial of the defence does not justify a rejoinder. Here, leave was confined to the new factual pleadings in paragraphs 18 and 19, and rejected for the remaining portions.

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Issues: Whether a rejoinder could be filed only with leave of the court and whether such leave could be confined to specific new facts pleaded in the written statement.

Analysis: Order 8 Rule 9 of the Code of Civil Procedure, 1908 permits subsequent pleadings only by leave of the court. A rejoinder is not a matter of right and cannot be used to introduce a new or inconsistent case or to alter the basis of the original pleadings. Leave is warranted only where the written statement introduces new facts requiring a reply, and the court must exercise judicial discretion after comparing the plaint and the written statement. A mere denial of the defence does not require a rejoinder, but where specific new factual assertions are made, a limited rejoinder may be permitted to meet those allegations.

Conclusion: The rejoinder was permissible only to the limited extent of the new factual pleadings contained in paragraphs 18 and 19 and was not allowed in respect of the remaining portions.

Ratio Decidendi: A rejoinder can be filed only with leave of the court, and such leave may be granted only to meet new facts introduced in the written statement without permitting inconsistent or additional pleas that alter the original case.

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