Please Log in / Register to access the full text of this judgment and the entire database
(2026) Law Today Live Doc. Id. 21433 = 2026:PHHC:134978
Decided on: 18.09.2026
Present:
Mr. R.K.Handa, Senior Advocate, with Ms. Gauri Handa, Advocate and Mr. Ravi Kumar, Advocate, for the petitioner.
***
Replication in suit – Trial being at initial stage and issues not yet framed, refusal to permit filing of replication held unjustified.
***
Code of Civil Procedure, 1908 (V of 1908), Order 7 – Replication – Plaintiff have right to rebut facts pleaded in written statement by filing replication – Trial at initial stage and issues not yet framed – Refusal to permit filing of replication held unjustified – Impugned order set aside and application directed to be reconsidered.
(Paras 1-6)
***
AMARJOT BHATTI, J. (ORAL) –
1. Petitioner has filed civil revision against the impugned order dated 24.04.2026 (Annexure P-1) passed by Principal Judge, Family Court, Gurugram, in Civil Suit No.148 of 2025 titled “Mukul Sahagal vs. Mousumi Dasgupta” whereby application filed by the petitioner seeking permission to file replication to the written statement has been dismissed without any valid reason.
2. Learned counsel for the petitioner pointed out that he has filed suit for declaration along with permanent injunction (Annexure P-2), which is contested by the respondent/defendant Mousumi Dasgupta by filing her written statement (Annexure P-3). Present petitioner filed application (Annexure P-4) seeking permission to file his replication. The replication prepared by the petitioner is Annexure P-5. Learned Principal Judge, Family Court, Gurugram, without any valid reason declined the application vide order dated 24.04.2026 by holding that the case is lingering on since long. It is pointed out that till date case is pending for arguments on application under Order 39 Rule 1 & 2 CPC and even the issues are not framed.
3. I have considered the arguments and have gone through the record.
4. All the necessary documents are annexed with the present civil revision. Therefore, no purpose would be served by issuing notice to the respondent and the same is accordingly dispensed with.
5. Perusal of proceedings before the learned Principal Judge, Family Court, Gurugram, indicates that till date the case is pending for arguments on application under Order 39 Rule 1 & 2 CPC and even issues are not framed as yet. The respondent/defendant filed detailed written statement (Annexure P-3). Therefore, the petitioner/plaintiff has got every right to rebut the facts narrated in the written statement by filing replication. The trial is still at initial stage. The respondent is not going to suffer any prejudice. Therefore, the impugned order dated 24.04.2026 (Annexure P-1) passed by learned Principal Judge, Family Court, Gurugram, is set aside and he is directed to re-consider the application filed by the petitioner/plaintiff.
6. With these observations, the present civil revision is disposed of.
7. Pending miscellaneous applications, if any, stand disposed of accordingly.
Order accordingly.
********