Therefore, the judicial authority, i.e. the court, may, in accordance with this Article, authorise the filing of rejoinders in order to ensure that the other party is not prejudiced and also to require a decision on the actual dispute between the parties. The rejoinder allows the defendant to make a more responsive and accurate statement challenging the allegations made against him by the plaintiff. The Bombay High Court noted in that case: „With regard to the objection that the sentence would be erroneous for failure to comply with the rules of natural justice, all relevant rules, if already in the record, have no problem. As noted above, the complainants were required to present all the facts necessary to substantiate their claim in the application. The purpose of a rejoinder is not to fill the gaps left by the applicants in their pleadings in the application. It is therefore clear that a decision-making authority, which may authorise the production of a rejoinder requested by the parties, will ensure that the plea raised is not a new plea, but a promotion of the plea raised in the application. It is also confirmed that the basis of the request will not be changed and that the opposing party will have a full and sufficient opportunity to respond/refute the findings and that the other party will not suffer any disadvantage. It must be stated with certainty that the pleas relied on in the rejoinder do not have the character of a new case and do not contain contradictory pleadings. At Shakoor & Ors. v Jaipur Development Authority & Ors.
On August 8, 1986, the Court considered the application of the provisions of Order 8, Rule 9, also in a case of another motion under Order 39, Rule 1, C.C.P. and concluded that the requirement of filing a rejoinder clearly did not apply in all cases, since it could arise only in cases where the defendant raised a new plea or fact in his reply. and the purpose of imposing such an embargo is that the applicant cannot be allowed to file a rejoinder at a later date. The trial, which is scheduled for a trial and other trials, serves to uncover the truth and deliver justice. The procedure is always a servant of justice and an unlimited possibility when it is given to the parties to present their case to the Court, unless such procedure is expressly prohibited by law and if the Court is satisfied that subsequent pleadings should not be allowed, the plaintiff cannot be deprived of his right to file a rejoinder. In view of the applicant`s request for a rejoinder, the nature of the action, the remedy sought and the objections raised in the written statement are of great importance. In this context; The court must adopt a realistic and pragmatic approach instead of a pedantic and idealistic approach. `(a) The applicant may not be authorised to put forward new pleas in law by means of a rejoinder in order to amend the basis of his action. (b) The rejoinder may enable the applicant to set out the additional facts included in the pleadings. In Rohan Lal Choudhary v. Prem Prakash Gupta of 25 July 1979, the Patna Supreme Court took the same view, holding that the applicant had the right to deal with the respondent in respect of all the allegations made in the written statement and that he could adduce evidence to refute these allegations.
although he did not file a rejoinder. In Veerasekhara Varamarayar vs. Amirthavalliammal & Ors. On 27 June 1973 the Madras High Court Chamber decided that if the defendant presented the new facts in his written statement, he should be able to file a rejoinder questioning the truth and authenticity of the allegations/allegations made in the written statement. However, the law does not require the applicant to file a reply/rejoinder and it cannot be assumed that the applicant admitted it simply because he did not file the rejoinder. Hindi Answer Meaning: Get the meaning and translation of the Hindi language answer with grammar, antonyms, synonyms and phrase uses. Do you know the answer to the question: What does the answer mean in Hindi? Rejoinder ka matalab hindi me kya hai (reply का हिंदी में मतलब ). The meaning of the Hindi replica (हिन्दी मे मीनिंग) is प्रत्युत्तर. English definition of reply: a quick response to a question or remark (especially a spiritual or critical question); (c) The plaintiff cannot be allowed to present an entirely new case in his rejoinder. In M/s.
Ajanta Enterprises v. Bimla Charan Chatterjee & Anr. 30. In June 1987, the Court held that it was not permissible to file a rejoinder in response to all the allegations made in the written statement and that a rejoinder or reply could only be filed with leave of the Tribunal if the defendant had raised a new factual objection and that such leave should therefore be granted in the light of all the facts and circumstances of the case. In particular, the pleas relied on in the written submission. Under the guise of filing a rejoinder, a plaintiff cannot be allowed to include new pleas in his action in order to change the basis of his action. In a rejoinder, the applicant can only explain whether certain additional facts have been taken into account in the written statement, but cannot be allowed to raise an entirely new case in the rejoinder. The initial pleas may not be modified under the guise of filing a rejoinder. Rejoinder/replication cannot be admissible if pleas incompatible with the previous pleas are raised. The judgments rendered in the judgments mentioned below summarize the views of various jurisdictions, which provide valuable guidance on what is considered an essential consideration when filing a rejoinder.
It should be noted that, in some cases, with leave of the court, the plaintiff was allowed to file a rejoinder in response to the written statement completed by the defendant. It should be noted that the term „replication“ has no place in CBD. In various cases, however, the plaintiff was allowed to file a rejoinder to the written statement completed by the defendant, such a rejoinder is called a „reproduction“. Note: In short, and on the merits, the applicant may not be allowed to raise a new objection under cover of the rejoinder or to raise an objection incompatible with the pleas he has raised in the application, nor the rejoinder as of right, even the Court of First Instance cannot be admitted: having commented on the pleas set out in the application and in the written observations.
