ashok kumar (Social Worker) 29 March 2013
REJOINDERS
1.Is rejoinder necessary / desired when the respondent brings out things / matters / facts other than what is alleged in the plaint?
2.What are the consequences of not filing a rejoinder?
3.Do you need courts specific separate permission to file additional documents along with the rejoinder to support your pleadings or you can just file them along with the rejoinder without any specific permission?
If YES under what Order-Rule of CPC is this application to be made?
Advocate Bhartesh goyal (advocate) 31 March 2013
{A} Yes,If defendant/respondent brings new facts in written statement then the reply of those new facts should be filed through rejoinder.
{B} Although burden lies on defendant to prove the new facts but to disprove/clarification those facts there must be pleadings on record.sometimes silence may be harmful so rejoinder must be filed for clarification.
{C} For filing rejoinder,court's permission is essential.
Application for filing rejoinder is made under order 8 rule 9 of cpc.
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