REJOINDER, oral arguments. Name of the defendant`s response to the plaintiff`s replication. (2) The general terms and conditions of a rejoinder are, 1. It must be Tribel. 2. It shall not duplicate or permit multiple duplicates of the same declaration. 3. It must be safe. 4. It must be immediate and positive and must not be based solely on the recital or in the argument. 5.

It is neither repugnant nor insensitive. 6. It shall comply with the means of law and shall not depart from it. Co. Litt. 304; 6 Com. Digging. 185 Archbishop Civ. Pl. 278; U. S.

Dig, Plea, XIII. According to the common law, a rejoinder was a kind of counterclaim. However, it merely asked a question in direct reaction to the applicant`s statement of facts in his application. Meanwhile, the courts were only allowed to hear one trial and one defense theory in the same case. This is in contrast to today`s courts, which prefer to consider several pleas on the same facts at the same time and also allow the defendant to present several sometimes contradictory defences. The requirement of an affirmation, a reply, limited the format of a rejoinder. To be acceptable to the court, a rejoinder had to be a single, direct and triple issue. The subject matter had to be positive and not argumentative, repugnant or insensitive. Finally, the rejoinder cannot depart from the facts and statements put forward in the defendant`s plea. In another decision of the HC of French Rajasthan, the established ratio states: “The court has broad discretion when it comes to allowing an applicant to file subsequent pleadings. Well, it is true that, under the guise of subsequent pleadings, an applicant cannot be allowed to mount a new case or to include certain contradictory pleadings, but then the plaintiff`s right to file a replication to satisfy some of the new facts mentioned in the written statement is clearly permitted under Rule 9 CPC of Order VIII. “@ElizaBennett – I saw that it was used as a synonym for “retort”.

Usually, you will see the phrase “spiritual replica.” Like the thing you would always like to be able to say when something obnoxious, offensive, etc. says! A rejoinder is a defendant`s response to a plaintiff`s request in a series of common law pleadings. The term is a historical relic of English common law and a time when a lawsuit was brought under an order approved by the presiding monarch or other authority, and the format for transmitting information to the court was particularly stylized. Common law pleadings have been replaced by coded pleadings in most jurisdictions. Pleadings are a series of written documents submitted to the court as part of a trial to set out each party`s claims, defenses, and legal theories. A written pleading system moves from a plaintiff`s request to a defendant`s response and counterattacks with additional documents until the chain of available responses is exhausted. At common law, a rejoinder was the precise name of a plaintiff`s response to replication, which was a response to a defendant`s objection. The common law pleading system moved from the plaintiff`s statement of claim to the defendant`s plea in response, then back and forth through replication, rejoinder, rejoinder, and finally the plaintiff`s rebuttal. Anglo-French, from the duplic to make the duplicate, literally to join, meet, from the former Frenchman, from the procedure of rejoinder + from membership The judgments in the judgments below summarize the views of various jurisdictions, which give valuable indications on what constitutes an essential consideration when filing a rejoinder.

Once both parties have submitted their rejoinder, is there a time limit for how many days the decision will be made? The rejoinder allows a defendant to make a more receptive and accurate statement disputing the allegations made by the plaintiff against him. I feel like I`ve met him in the novels, but not as a legal term. Does this mean anything else? Can counter-reactions also be other types of “responses”? It therefore appears that a power of decision which authorises the parties to submit a rejoinder ensures that the plea raised is not a new plea, but that it supports the plea in law raised in the application. It is also confirmed that the basis of the claim will not be altered or amended and that the other party will have full and sufficient opportunities to respond or refute the brief and that the other party will not be prejudiced. It must be held with certainty that the pleas raised in the rejoinder do not contain the statement of reasons for a new dispute or contradictory pleadings. In view of the applicant`s request to lodge a rejoinder, the nature of the appeal, the facilities sought and the objections raised in the written statement are of great importance. It is in that context; The Court is required to adopt a realistic and pragmatic approach that is not pedantic and idealistic. According to this article, the issuing authority, i.e. the court or tribunal, may authorize the filing of counter-reparations to ensure that the other party is not harmed and that it is also necessary to settle the actual controversy between the parties. This system of common law pleadings has been largely replaced by coded pleadings in most jurisdictions with legal systems based on the English tradition. Coded pleadings are generally simplified versions of common law pleadings and can be easily recognized as derivative.

In the United States, for example, the federal judicial system has adopted the Federal Rules of Civil Procedure, which impose all briefs for civil proceedings at the federal level. In addition, the principles of filing a rejoinder have been most effectively summarized in the present case, with the HC of Rajasthan stating the following principles: “(a) The applicant may not be allowed to file new pleas in law by means of the rejoinder in order to alter the basis of its action. In this case, the court noted: “The plaintiff may also feel the need to join an additional argument to present his positive case in response to the defendant`s case, but he must seek the court`s permission by submitting the proposed replication as well as an application for admission of the same. A plea which forms the basis of the applicant`s case or, in essence, part of the applicant`s pleas, without which the action may be dismissed or the action dismissed, may not be brought for the first time by way of repetition. (b) The rejoinder may enable the applicant to explain the additional facts included in the written statement. The Bombay High Court said in the case: “As to the argument that the sentence would be compromised for non-compliance with the rules of natural justice, all the relevant issues, if they are already in the case, have no problem. As already mentioned, it was the applicants` duty to rely on 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 petition. Rule VIII of the Code of Civil Procedure gives the power to make an additional written declaration. The term “supplementary written declaration” was not defined in the Code of Civil Procedure of 1908 (P.C.C). According to a legal dictionary, the term “written statement” means a plea for the defense. The above rule reads as follows: “No written claim as a result of a defendant`s written statement, with the exception of the defense, to set off or counterclaim, except with the permission of the court and on such terms as the court deems appropriate, but the court may at any time require an additional written statement or written statement or an additional written statement from either party and a time limit shall not be required by either party. not exceeding thirty days, to present the same.

“The ratio decidendi of legal precedents, on which there is a strong basis, cannot be challenged, but the principles formulated therein must then be applied in the context of the facts and circumstances of an individual case, and there can be no straitjacket formula.