In a civil suit, if petition states modified facts and adds some new facts through a rejoinder after counter has been filed by respondent in order to cover-up previous goof-ups.
Can respondent file objections and get rejoinder dismissed?
If yes, which application under which CPC would be applicable.
Thanks in advance :).
Akhilesh Arora (Advocate) 01 August 2012
Generally a replication is a counter to the reply filed by you in the suit.
There is no such provision in the Code of Civil Procedure to file an application for dismissal of the replication.
Firstly the plaintiff has to prove his case through evidence supporting the facts stated in the plaint cum replication. You always have the option to cross-examine the plaintiff to dislodge his testimony and put your case theory.
And can lead evidence contrary to that effect.
Regards
Akhilesh Arora advocate
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 01 August 2012
Rejoinder can only clarify the original Written Statement or explain or amplify it more. A contradictory stand cannot be adopted in two pleadings of a same party. You can file objection - but it's better to let the contradictions stay in record, would help you infact.
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