Rejoinder
Definition of Rejoinder
According to Collins Dictionary, “a rejoinder is a reply, especially a quick, witty, or critical one, to a question or remark.” While Webster’s dictionary defines it as “an answer to a reply. specifically : the defendant's answer to the plaintiff's reply or replication under common-law pleading”
In a civil litigation matter, a "rejoinder" is a formal answer by the defendant to the plaintiff's reply. It comes after the stages of complaint, answer, and reply in the chain of pleadings. In order to make sure that all pertinent points are taken into account before the court moves further with the case, the defendant has the opportunity to address any new issues or arguments brought up in the plaintiff's reply in the rejoinder. Each jurisdiction may have different rejoinder methods and uses.
The Significance in litigation
Clarification and Rebuttal: In a rejoinder, a party might address any fresh arguments or supporting data presented in response to the other party's reply. This helps guarantee that arguments are carefully examined and that all pertinent aspects are taken into account.
Strengthening the Case: A party can address any flaws in their initial submission or counterarguments made by the other side by providing more arguments or supporting data in a reply.
Ensuring Fairness: By providing each side with a chance to thoroughly answer and refute the issues made by their opponent, the rejoinder procedure helps to ensure fairness in legal proceedings. This keeps things from coming as a surprise and guarantees that everyone has an opportunity to make their case completely.
Final Chance for Argument: A rejoinder frequently represents a party's last chance to present their position to the court. This gives the side the chance to restate and bolster their claims and supporting documentation, which can be quite helpful in persuading the jurors or judge.
Preserving problems for appeal: A response aids in the preservation of problems for a possible appeal by addressing all arguments and supporting documentation. A party may lose the opportunity to bring up certain problems at a later time if they are not addressed.
Relevant Legal Provision of rejoinder in CPC
The term "rejoinder" is not specifically mentioned in the Indian Code of Civil Procedure (CPC) as opposed to terms like "plaint," "written statement," or "affidavit." Nonetheless, the idea of a rejoinder is inferred from the pleadings framework and is included in the more general procedural guidelines for answering claims and counterclaims.
Order VI - Pleadings Generally: This order outlines the rules for pleadings, including the initial complaint (plaint) and responses (written statements). A rejoinder, while not specifically mentioned, is understood as a part of the procedural sequence where a party replies to the written statement of the other side.
Order VIII: Written Declaration, Counterclaim, and Set-off: This order governs the counterclaims procedure and the written statement filing procedure.The plaintiff has the option to file a response to address points brought up in the written statement once it has been filed. This is how the procedural process incorporates the rejoinder.
Order VIII Rule 9: Revocation of Written Declaration This rule does not use the term "rejoinder" directly, but it does imply one by allowing the plaintiff to reply to the defendant's written declaration. This reply serves as a rebuttal in real life.
Order VI Rule 7: Signing of Pleadings: The party or its designated agent must sign all pleadings, including rejoinders and responses.
Difference between rejoinder, sur rejoinder and replication
Rejoinder: A respondent can provide a more detailed and comprehensive rebuttal in the rejoinder, challenging the accusations brought against them. With the rejoinder, a respondent can provide a more focused and rebuttal, challenging the claims the plaintiff has made against them. Plaintiff.
Sur rejoinder: A surrejoinder is the plaintiff's response to the respondent's rejoinder.
Replication: It is the plaintiff's response to the defendant's plea. A "rejoinder" is a second pleading—replication—that the defendant makes in response to the plaintiff's reply.
Procedure for Filing a Rejoinder
Writing the rejoinder
Examine the written declaration: Examine the defendant's written statement closely in order to comprehend the points made and the arguments made.
Get the Reaction Ready: Make sure that every pertinent argument and accusation raised in the defendant's written statement is addressed in your response. Provide rebuttals, elucidations, and any supporting documentation.
Filing in the Rejoinder
Prepare Copies: Make as many copies of the rejoinder document as are necessary. The original and extra copies are usually required for the court and every person concerned.
Court Submission: At the court's filing counter, provide the original rejoinder and the necessary number of copies. Make sure that every document is authenticated and signed correctly.
Fee Payment: If necessary, pay the court costs associated with filing the rebuttal. Get a receipt as evidence of your payment.
Serving the rejoinder
Delivery: Give copies of the rejoinder to each and every other party to the lawsuit. This can be done in person, by registered mail, or in accordance with the court's instructions.
Evidence of Service: Obtain and hold onto evidence of service documentation, such as affidavits of service or acknowledgement receipts.
Meeting Due Dates:
The deadline for filing is to make sure the rejoinder is submitted by the date given by the court. No late filings will be accepted without the court's approval.
A Rejoinder's Structure
Title and Heading: Provide the name of the court, the case number, and the parties involved. The document should be titled "Rejoinder to the Written Statement."
First, give a brief introduction of yourself and state that this response is in response to the other party's written declaration.
Rebuttals, explanations, and/or corrections should be provided for each point made in the written statement.Use numbered paragraphs that correspond to the accused's given written statement.
Supporting Evidence: Attach any fresh proof or records that bolster your argument. Make specific reference to any documents that are attached.
Conclude by summarising your points and asking the court to consider your response and provide the reliefs that were requested in the initial plaint.
Verification: Sign off on the document after adding a verification clause certifying that the information is accurate to the best of your knowledge and belief.
Case laws for rejoinder
ANANT CONSTRUCTION (P) LTD. VS. RAM NIWAS. (HC OF DELHI; 1994)
In this case, the court observed that, “The plaintiff may also feel the necessity of joining additional pleading to put forth his positive case in reply to the defendant's case, but he shall have to seek the leave of the court by presenting the proposed replication along with a application seeking leave to file the same. A plea which is foundation of plaintiff's case or essentially a part of causes of action of plaintiff, in absence whereof the suit will be liable to be dismissed or the plaint liable to be rejected, cannot be introduced for the first time by way of replication.”
HINDUSTAN CONSTRUCTION VS MAZGAON DOCK LTD. (HC OF BOMBAY)
As for the plea that the award would be vitiated on account of nonobservance of rules of natural justice, all the relevant if already on the record do not possess a problem," the Bombay High Court said in this particular case. As was evident, the petitioners had a legal obligation to present all the evidence required to support their claims in the petition. Rejoinders are not meant to fill in the blanks that the petitioners left in their arguments in the petition.
