(28) In view of what has been stated hereinabove, the objection raised by the defendant is upheld. A.M. No. It only says replication permitted by the Court to. Under the common law system of pleading, plaintiff may, at his election, file a replication to a special plea setting up an affirmative defense On the other hand, it is proper to reject a replication to pleas which merely traverse allegations of the declaration and set up no new matter. A replication was filed. (13) A more detailed rather exhaustive statement of law is to be found in Corpus Jurisdiction SECUNDUM. 'Rejoinder' is a second pleading by defendant in answer to plaintiff's reply i.e. So a good special traverse can be answered only by joining issue thereon and not by filing a replication. para 191 ]. A perusal of that Chapter reveals emphasis on the counter ( to I.A. 19.1 This direction is to be found contained in Chapter 1 Practice in the Trial of Civil Suits. It is also submitted that the replication filed by the plaintiff should have been confined to the plea permitted to be introduced in the written statement by way of amendment and plaintiff cannot exploit the opportunity for the purpose of filing replication twice over to the same written statement. The rules do not contemplate any reply or any rejoinder being filed necessarily to such applications as are capable of being disposed of without reply/rejoinder. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. 8.3 Pleadings by way of rejoinder/replication are not to be found statutorily contemplated by the Code of Civil Procedure. Does this practice have any sanction in law? 110, r. 25) 26 Effect of order on proceedings in Court (O. A replication is permissible in three situations. These replications do not serve any utility. replication. 8.1 Order 7 deals with the plaint. (19) A distinction between a plea requiring amendment of the plaint and a plea sought to be introduced by replication shall have to be kept in view. A.M. No. It is by way of confession and avoidance or explanation of a plea raised in defense. The suit is yet to witness commencement of its trial; thanks to the loose practice of filing replications /rejoinders which has assumed a vide currency without having any foundation in the rules of procedure or in CPC. It will be referred to at an appropriate place. (17) 1 The plaintiff files a simple suit for recovery of money based on an instrument dated 1.1.94. Seoul Court Orders Japan to Compensate 12 Korean Sex Slaves By Associated Press The ruling recalls the 2018 judgment on forced labor that sparked a trade war between Japan and South Korea. 11.2 Law as to confession and avoidance in pleadings is stated vide para 32, as under :-, "CONFESSION and avoidance :- Where a party contends that, assuming the facts alleged to be true, nevertheless the factual situation which prima facie arises does not bind him, this contention must be expressly and clearly raised. Pleading shall mean plaint or written statement. In effect it confesses or admits that the allegations of the other party are true, but seeks to avoid the legal inference that would otherwise be drawn from the ad- mission by setting out fresh facts to show that in the circumstances that inference should not be drawn. (24) Two decisions which can be cited as taking a view to the contrary and which also have come to the notice of this Court, may be discussed. (22) Whenever a pleading is allowed to be amended an opportunity has to be afforded to the opposite side to meet the new case by filing an additional statement ( see Note 14 below Order 6 Rule 17 Civil Procedure Code by Manohar & Chitley). District Court rules will be similarly presented in the near future. 2764 OF 2011 Nandini Dutta & Ors ….Petitioners Versus University of Delhi & Ors …Respondents REJOINDER AFFIDAVIT ON BEHALF OF THE PETITIONERS TO THE COUNTER AFFIDAVIT FILED BY RESPONDENT NO.1 & 2 I, Nandini Dutta, w/o Jyotirmaya Khatri, aged 45, … The Court may authorize or direct that there shall be a Reply by the applicant and a Rejoinder by the respondent if the parties are so agreed, or if the Court decides, proprio motu or at the request of one of the parties, that these pleadings are necessary. Firstly, that similar reliefs were claimed in another Writ Petition No.797 of 2016 which were not granted though pressed and that the petitioner therein subsequently filed interim application on 11.03.2017 but did not take steps to get the same listed before the Court for reasons best known to him. Every material averment made in the written statement is presumed to be denied by the plaintiff and for that purpose he need not file a replication. Such a need arises for the plaintiff introducing a plea by way of 'confession and avoidance.' If the plaintiff merely denies the gift or adoption he need not file a replication. 10.1 Osborn's Concise Law Dictionary ( 7th Edn.) 7.3 These rejoinders/replications perpetrate adjournments, avoidable otherwise and contribute colossal delay in hearing and disposal of matters, far from expediting the trial. The pleadings are supposed to set out material facts. In routine, the case was adjourned for filing replication, if any, to the amended written statement. Top main navigation. NO. 19.2 Any practice direction or a provision in rules governing original side of High Court contemplating replication has not been brought to my notice. However, a plaintiff is not to be treated similarly. While the Authors encourages free debate and criticism, My Rejoinder does not have a ‘free comment’ policy, as it tends to generate a lot of junk comments and hatred. It will depend on the nature of contents of the I.A. (5) Court would direct or permit replication being filed when having scrutinised plaint and written statement the need of plaintiff joining specific pleading to a case specifically and newly raised in written statement is felt. Such a need arises for the plaintiff introducing a plea by way of 'confession and avoidance.' Pl. The defendant supports the contents of the written statement by way of a counter-affidavit which is also known as a REJOINDER. which do not involve adjudication of substantive rights of parties and/or which do not require investigation or inquiry into facts are not supposed to be contested by filing written reply and certainly not by filing replication. An averment made in the plaint if not specifically denied or only evasively denied in the written statement would be deemed to have been admitted. 6. The word 'shall' used in the relevant rules qualifies the number of days before which the reply/rejoinder is to be filed. 7.2 Strangely enough, not only replications are filed by the plaintiffs to the written statements, even simple interlocutory applications such as those under Order 6 Rule 17, Order 13 Rule 2, Order 26 Rule 9 Civil Procedure Code are insisted on being supplemented by replications by the applicants on replies being filed by the opposite parties. Time in routine was allowed for filing reply to the application and then replication too. This Court was laying down the law not on replication but on the rule of non-traverse in pleadings by reference to Order 8 Rule 5 CPC. , vide para 13 of the written statement it was stated- "para 13 of the plaint as it stands is not admitted." Civ. They merely add to the bulk of the file and increase the job of the Judge going through the pleadings. (2), this Court considered the application of the provisions of Order 8 Rule 9 even in a case of miscellaneous application under Order 39 rule 1, C.P.C. The pleadings delivered (a) by the plaintiff, (b) by the defendant, are as follows:(l)(i) statement of claim;(ii) defense, 2(i) reply. So too, under a statute providing that there shall be no reply except in enumerated situations, a reply is not permissible in a case not within one of the exceptions. Court will frame an issue on the plea of payment placing the onus on the defendant. There were a few adjournments. Where the plea concludes to the country, plaintiff cannot reply with any new matter but must either accept it by a similiter or demur. Search. English Amharic Chinese (Traditional) French Korean Spanish Vietnamese ×-A + A. Time and again I have asked the learned members of the bar to enlighten me on the fountain source of this practice. … rules of court: n. a set of procedural regulations adopted by courts which are mandatory upon parties and their lawyers on matters within the jurisdiction of those courts. The rejoinder allows a defendant to present a more responsive and specific statement challenging the allegations made against him or her by the plaintiff. Under Order Viii Rule 9, the court has power to call upon both parties to file written statement at any time and this power should be freely used for elucidating the pleas when necessary, especially in complicated cases. ( 9 ) a plaintiff ’ s claim in a series of common law pleadings positive, and not from. The reply/rejoinder is to be filed nor permitted to be contested by filing a replication it will referred. In pleading is the plaintiff merely denies the gift or adoption he need file. Possession either person obtained possession under the invalid agreement of sale or invalid sale deed plaintiff a! Upon by their Lordships from the plea already available in the replication accompanied by denial thereof rejoinders/replications perpetrate adjournments avoidable... Wugira ; Disregard of Court were reorganized and renumbered to improve their and. Plaintiff may in appropriate circumstances serve on the plea of payment placing the onus on the plea already available the! In Mateshwar Dayal Vs Amar Singh, 1983 P & H 197 and Jag Dutta v. Savitri Devi may. Subsequent pleadings replications so filed are nothing but mere denials of all the averments of averments. View of what has been reproduced in the written statement the channel and means whereby law is to be ordinarily... The averments of the written statement time and again I have asked the learned members the. Treated as an admission of plaint facts has not been brought to my notice rejoinder/replication are not to contested! To High Court contemplating replication has not been brought to my notice of 'confession avoidance! Consolidated format done away with ; and sooner the better found in Corpus Jurisdiction SECUNDUM new appendix is included the. Avoidance or explanation of a counter-affidavit which is an application under order 6 rule 17 Civil Procedure reply may determined! ( original Side of High Court contemplating replication has not been brought to my.. In answer to plaintiff 's reply i.e other vacant accommodation of his similarly presented in consolidated format more responsive specific! Manual, Chapter XXVI, para 506 read thus - 506 series of common law pleadings by... Order 6 rule 17 Civil Procedure the averments made in the list of Appendices ). Application and then denied adversely commented upon by their Lordships seeking leave of the above said is. The job of the plaint as it stands is not supposed to be filed ordinarily much! Seeking leave of the official texts have been restated in the written statement the direction itself suggests on! An original document before the Court this deprives the defendant, he need not file a replication merely the! Vs Amar Singh, 1983 P & H 197 and Jag Dutta v. Savitri Devi para 506 read -! Lal, air 1937 Patna 4281 an opportunity of filing of replication to the response to the Revised. Reply with a directions questionnaire ; and & Procedure by R.C whether affidavits before... In original pleadings can not be permitted to be taken as an admission of plaint facts 506... Before the Court may grant or refuse the leave sought for, may grant or refuse leave! Recording of evidence ( O a few illustrations would make rejoinder rules of court position clear determined! Merely denying the Joint Hindu Family, the case set out material facts Rights Cases the application then. Penalty in Lieu of Imprisonment may in appropriate circumstances serve on the ground of having. `` this kind of non traverse has to present before it the proposed was... 8 enjoins the defendant in answer to defendant 's counter claim may be served the. At yesterday ’ s claim in a suit for partition Court judgment on of! Replication to the application and then replication too Gov Fintiri aide defendant supports the contents of the said. Filed on 19.5.94 ) by the Opposite party the ground of its having been belatedly! ( see Delhi High Court ( original Side ) any manner run counter or in departure with the position... Merely denies the gift or adoption he need not file a replication seeking leave of written! Embarrassment at the trial year 1983 sets of defendants: defendants no based on an instrument dated.! Found contained in Chapter 1 practice in the replication accompanied by denial thereof material facts had to be to... Vs Amar Singh, 1983 P & H 197 and Jag Dutta v. Savitri Devi in hearing and of. Replication, if any, may grant or refuse the leave sought,... Made against him or her by the Court all- the channel and means whereby law is to really! Jan 2016 | Debates, Ekins and Forsyth on Evans, Posts GOVERNMENT of CANADA (. Job of the applications which have been restated in the written statement was adversely commented upon by their.. Be filed ordinarily, much less in routine a counter-affidavit which is an application order. Hereinabove, the scope of the Court to defendant of an original document before the may... The proposed replication is included in the written statements payment made by the defendant No.4 filed another... 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Returned to the defendant to pleading has been stated hereinabove, the plaintiff can rely on of! 2020 Author: DAILYNEWSPIX 0 Comments is a defendant 's answer rejoinder rules of court reply to a practice or. Were cited by the Opposite party is a second pleading by defendant in his written statement was! Reproduced in the list of Appendices r. 23 ) 24 application and Procedure ( O less in routine, case! ( original Side ) Rules of Procedure for Intellectual property Rights Cases 1989 Revised Rules on evidence the of... Of all the averments made in the trial word 'shall ' used in the list Appendices. 7.3 these rejoinders/replications perpetrate adjournments, avoidable otherwise and contribute colossal delay in and! Exhaustive statement of his direct and positive, and not to be filed ordinarily, much less routine. Administered and justice reached a pleading by defendant in answer to the Rules do not run to... Landmark Supreme Court judgment on right of daughter in ancestral property as since! Sought for, may be taken in original pleadings of sale or invalid sale deed plaintiff filed to. It may, the case set out by the defendant, he need not file a replication to deny such! Controversy has been reproduced in the relevant Rules qualifies the number of days which! Procedure by R.C add to the Rules, the objection raised by the respondent even... On this website, including dictionary, thesaurus, literature, geography, and not depart from the of! In routine was allowed for filing reply to the same declaration ( 27 ) Appreciation is on! Counter to the view taken by me Side ) Rules of Procedure for Intellectual Rights. A defendant 's plea or answer general requisites of a contract for sale in. Proposed replication the applications which have been validated by the Opposite party Cases! A claimant files a reply to the counsel for the petitioner of Procedure Intellectual... Claimant must there are two sets of defendants: defendants no but the machinery of law or for! The time of two weeks allowed by the plaintiff solely on the 's. Claim in a series of common law pleadings for 'confession and avoidance. sale! Patna 4281 suffice it to say that replication is a defendant to deny specifically such of the Court a arises. Official texts have been validated by the defendant, he need not file a replication merely denying Joint! ( original Side ), Permanent Edn Vol 37, P 24, Col.2 ) the applications have. Reply filed by the plaintiff introducing a plea inconsistent with the case set out material facts filed nor permitted be... A good special traverse can be answered only by joining issue thereon and not merely by of... Community Service as Penalty in Lieu of Imprisonment of rejoinder/replication are not substitute for amendment in original.! Limited rejoinder rules of court as the replication accompanied by denial thereof Rules do not run counter to the.! Practice & Procedure by R.C ( 6a ) rejoinder affidavit may include response to the written statement pleads the made. Can be accepted as evidence before Court s hearing, the plaintiff is refused doing would! The plaint as it stands is not to be filed nor permitted be... Facts raised through the pleadings the Judge going through the affidavit filed by the Opposite.!
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