Time limit for filing rejoinder cpc

Querist : Anonymous (Querist) 25 April 2023 This query is : Resolved
Is there any strict time limit for filing of rejoinder to reply filed by defendant as per provisions of CPC?

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T. Kalaiselvan, Advocate (Expert) 26 April 2023
n rejoinder, plaintiff has a right to explain only the additional facts incorporated by the defendant in his written statement.
However it may be noted that it is not permissible to file a rejoinder to all allegations made in the written statement and the rejoinder or replica can be filed with the permission of the Court only if the defendant has raised a plea of new facts and, thus, permission must be granted after taking into consideration all the facts and circumstances of the case, especially the pleas which have been raised in the written statement.
You may also note that the plaintiff is entitled to join issues with the defendant in respect to all those allegations which are made in the written statement and may lead evidence in rebuttal of those allegations notwithstanding the fact that he did not file any rejoinder.
But law does not compel the plaintiff to file a replication/rejoinder and the plaintiff cannot be deemed to have admitted the same simply because he had not filed the rejoinder.
The procedure provided for a trial for the suit and miscellaneous proceedings is meant for finding out truth and to do justice. The procedure is always a hand-maid of justice and full opportunity should he given to the parties to bring forth their case before the Court, unless such procedure is specifically prohibited under the law and if Court is satisfied that subsequent pleadings should not be permitted, the plaintiff cannot be denied his right to file a rejoinder.

P. Venu (Expert) 26 April 2023
Yes, replication or rejoinder could be filed only with the permission of the Court and if so permitted, needs to be filed within the time specified.

Advocate Bhartesh goyal (Expert) 27 April 2023
Although no time limit is fixed for filing rejoinder/replica but it should be filed before framing if issues.

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