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Order of Rejoinder in Civil Procedure Code (CPC) - Rejoinder is a subsequent pleading filed by the defendant after the reply to the plaintiff's replication, allowing the defendant to clarify or counter the plaintiff's rejoinder. Its purpose is to complete the pleadings and facilitate fair adjudication. The CPC does not explicitly specify the procedure for rejoinder, but its acceptance is generally at the discretion of the court, depending on the circumstances of each case ["S.Badhri vs S.Vijayakumar - Madras"].
Legal Position and Court Practices - Courts have emphasized that rejoinder is not a mandatory step but a procedural aid to ensure fairness. For instance, courts have allowed rejoinder when it helps clarify issues or when the court deems it necessary for proper adjudication ["S.Badhri vs S.Vijayakumar - Madras"].
Relevant Provisions and Judicial View - While the CPC (Order 8 Rule 9) primarily details pleadings, it does not specify the filing of rejoinder, leaving it to judicial discretion. Courts have held that filing a rejoinder is permissible unless barred by specific rules or orders, and it should be filed within a reasonable time ["S.Badhri vs S.Vijayakumar - Madras"].
Analysis and Conclusion - The main insight is that rejoinder is an optional procedural step in civil litigation under CPC, meant to enable parties to address issues raised in the pleadings. Courts generally permit rejoinder to ensure comprehensive adjudication, but it is not a mandatory requirement. Proper timing and necessity are at the court's discretion ["S.Badhri vs S.Vijayakumar - Madras"].
References:- ["S.Badhri vs S.Vijayakumar - Madras"]: Discusses procedural aspects of rejoinder, emphasizing court discretion and its purpose in fair trial.- ["Pankaj Kumar vs Greater Punjab Officers Cooperative House Building Society - Consumer State"]: Mentions procedural compliance and the importance of timely pleadings, indirectly relating to rejoinder practice.
In civil litigation under the Indian Code of Civil Procedure (CPC), pleadings form the backbone of a case. After the plaintiff files the plaint and the defendant responds with a written statement, parties often wonder: Can the plaintiff reply further? This brings us to a common query—what is a 'rejoinder order in CPC'? Typically, a rejoinder is the plaintiff's response to the defendant's written statement. However, it's not automatic. Understanding when and how to file one can prevent procedural pitfalls and strengthen your position.
This guide breaks down the legal framework, conditions for court permission, limitations, and insights from key judgments. Note: This is general information based on established principles; consult a legal professional for case-specific advice.
The cornerstone is Order VIII Rule 9 CPC, which states: No pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit. Municipal Council Hanumangarh VS Rajkumar Hisariya - 2023 0 Supreme(Raj) 2077
Filing a rejoinder is not a matter of right; it requires explicit court leave. Courts wield wide discretion to ensure pleadings serve justice without prolonging disputes unnecessarily. This provision prevents parties from endlessly amending or adding pleadings, promoting efficiency. Municipal Council Hanumangarh VS Rajkumar Hisariya - 2023 0 Supreme(Raj) 2077
Courts generally permit a rejoinder when the written statement introduces new facts or subsequent events unknown to the plaintiff at the time of filing the plaint. For instance:
The test: Were these facts within the party's knowledge earlier? If yes, courts may deny leave to avoid surprises. Rejoinders clarifying inadvertent mistakes or explaining known facts are more likely allowed, provided they don't prejudice the other side. Municipal Council Hanumangarh VS Rajkumar Hisariya - 2023 0 Supreme(Raj) 2077Abhivridyasya Associates Pvt. Ltd. VS Sahan Enterprises, Rep. By Its Proprietor Mr. Vedera Ravikanth Reddy - 2022 0 Supreme(Telangana) 347
Key conditions for grant of leave:- Demonstrates new facts not previously known. Municipal Council Hanumangarh VS Rajkumar Hisariya - 2023 0 Supreme(Raj) 2077- Aids just adjudication without altering the case's foundation. Abhivridyasya Associates Pvt. Ltd. VS Sahan Enterprises, Rep. By Its Proprietor Mr. Vedera Ravikanth Reddy - 2022 0 Supreme(Telangana) 347- No undue delay or prejudice to the defendant.
Judicial discretion is exercised prudently. Courts scrutinize proposed rejoinders to distinguish between:
As observed: The discretion to permit a rejoinder is wide but must be exercised judiciously, ensuring that no new case is set up and no prejudice is caused. Municipal Council Hanumangarh VS Rajkumar Hisariya - 2023 0 Supreme(Raj) 2077
In another ruling: A rejoinder should not alter the basis of the original plaint and must be confined to explaining or controverting new facts pleaded in the written statement. Abhivridyasya Associates Pvt. Ltd. VS Sahan Enterprises, Rep. By Its Proprietor Mr. Vedera Ravikanth Reddy - 2022 0 Supreme(Telangana) 347
Procedural compliance is crucial. For example, improper service can invalidate pleadings, including rejoinders. Courts must ensure summons under Order V are properly served before proceeding ex-parte or accepting further pleadings. Failure here leads to orders being set aside. Sainkul Chorasi Purbia Piao And Bagechi Sansthan, Naiyon Ki Bagechi Kamla Nehru Nagar First, Chopasni Road, Jodhpur Through, Present Vice-President Hariom S/o Shyam Lal Ji VS Achalaram, S/o Shri Pukhraj - 2024 0 Supreme(Raj) 383
Rejoinders have strict boundaries:
Even if leave is sought, courts refuse if it appears evasive or dilatory. Relatedly, in cases involving misjoinder of parties, complaints may be dismissed outright, underscoring the need for precise pleadings from the start. Pankaj Kumar vs Greater Punjab Officers Cooperative House Building Society
Pleadings interconnect with other CPC provisions. For example:
Service rules under Order V Rule 17 are mandatory; non-compliance invalidates ex-parte orders, relevant when rejoinders respond to unserved or defective written statements. K. Raja VS V. Prabhakar - 2024 Supreme(Kar) 641Rekha D/o Shri Bhanwar Lal Mehta VS Balmukund S/o Shri Roop Lal Menariya - 2023 Supreme(Raj) 804
In commercial suits, strict timelines for written statements (30-120 days under Order VIII Rule 1) extend to rejoinders, emphasizing vigilance. Supreme Court extensions during pandemics apply to limitation periods, not condonable delays. SATYAM COMPOSITES PVT. LTD. VS SPIG COOLING TOWERS INDIA PVT. LTD. - 2021 Supreme(Guj) 1103Metro Ortem Ltd. , A Public Limited Company, though its authorized representative Mr. M. K. Goel. VS Maharashtra State Road Transport Corporation, represented through its General Manger - 2022 Supreme(Bom) 1665
To navigate rejoinder filings:
Parties should avoid self-help; improper rejoinders risk striking off, costs, or adverse inferences.
These rulings guide trial courts nationwide, balancing plaintiff rights with defendant protections.
A rejoinder under CPC can clarify defenses but demands court leave under Order VIII Rule 9, limited to new facts. Misuse invites rejection, underscoring procedural discipline. Generally, success hinges on judicial discretion favoring justice.
Takeaways:- No right without leave; prove new facts. Municipal Council Hanumangarh VS Rajkumar Hisariya - 2023 0 Supreme(Raj) 2077- Avoid new cases or inconsistencies. Abhivridyasya Associates Pvt. Ltd. VS Sahan Enterprises, Rep. By Its Proprietor Mr. Vedera Ravikanth Reddy - 2022 0 Supreme(Telangana) 347- Comply with service and formats. Sainkul Chorasi Purbia Piao And Bagechi Sansthan, Naiyon Ki Bagechi Kamla Nehru Nagar First, Chopasni Road, Jodhpur Through, Present Vice-President Hariom S/o Shyam Lal Ji VS Achalaram, S/o Shri Pukhraj - 2024 0 Supreme(Raj) 383
This overview draws from precedents; outcomes vary by facts. For tailored guidance, engage a lawyer. Stay informed on CPC evolutions for effective litigation.
#CPCIndia #RejoinderFiling #CivilLaw
The compliance of this order shall be made by the opposite party No.2 within one month from the date of receipt of the certified copy of this order and failing that it shall be liable to pay interest on the said compensation amount of Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH. ... The present complaint is liable to be dismissed for mis-jionder of the parties. All other averments made in the complaint are denied and finally prayed to dismiss the complaint with costs qua OP No.3. ....
Review Petitioner/ Petitioner Vs S.Vijayakumar ....Respondent/Respondent Prayer:- Review Application filed under Order XLVII Rule 1 & 2 r/w Section 114 of C.P.C, of CPC to review the order dated 12.02.2025 passed For Petitioner : Mr.I.Saliyakhan JUDGMENT The present Review Application has been filed by the petitioner in CRP(MD).No.44 of of 2025 seeking to review the order dated 12.02.2025. ... The grounds raised in the Review Application do not fall under the purview of Order 47 Rule 1 C.P.C. 3.There are no merits in t....
No.462 of 2017 through the impugned order dated 08.07.2025 assigning the reason that, the earlier petition under Order-7, Rule-11 of the C.P.C. of the defendant was on similar ground with the 2nd petition under Order-7, Rule-11 of the C.P.C., 1908 of the defendant cannot be sustainable ... The 2nd petition under Order-7, Rule-11 of the C.P.C. in respect of the impugned order was passed, the same was filed by the defendant on dated 19.05.2025. ... It appears from the impugned order da....
ORDER 1. ... Being aggrieved by said order, respondent No.1 preferred an appeal, which was registered as MCA No.133/2024 and by impugned order dated 26.7.2024, 20th District Judge, Jabalpur has allowed the appeal and has issued a temporary injunction order against the petitioners, which has been made applicable till ... Accordingly, the courts have to grant relief of attachment before judgment, if the circumstances fall under Order 38 CPC. Similarly, Courts will grant temporary injunction if the case sa....
the application of the appellant-plaintiff under Order 39, Rule 1 & 2, CPC. ... A copy of this order be sent to learned Trial Court through Email or Fax. ... Thus, it is prayed that the impugned order may be quashed and set aside and the application under Order 39, Rule 1 & 2 may be allowed. 3. ... JUDGMENT : The appeal under Order 43, Rule 1(r), CPC is directed against the order dated 27.11.2020 passed by the learned Additional District Judge No. 1, Chittorgarh (hereinafter referred ....
Having read the proviso to Order V Rule 17 as well as Order V Rule 20, the Court has to read both the provisions of Order V Rule 17 and Order V Rule 20 conjointly. The learned counsel also relied upon Division Bench Judgment in Nova Granites (India) Ltd Vs. Coach Kraft (Bangalore) Pvt. ... service of notice filed an application under Order V Rule 20 of C.P.C and taken notice through paper publication vide order dated 26.03.2017. ... Bhagya 2018 SCC Online KAR 4537, wherein also, in cas....
The order on application under Order 7 rule 11 prior to decision of pending application under Order 6 rule 17 is an illegality and that pending application ought to have been decided prior to decision on the application under Order 7 rule 11. ... That application was admittedly not decided by the trial Court prior to passing of the impugned order deciding the application under Order 7 rule 11 of the CPC. ... The position which hence emerges is that the provisions of Order#HL_....
passing orders on application under Order I Rule 10 CPC. ... Order Dasti under the signatures of the Court Master. ... Akshay Ringe, learned counsel appearing for respondent No.1 submits that the impugned order is sustainable in law for the reason that the Trial Court in its discretion thought it fit to take up the applications under Order VII Rule 10 and Order VII Rule 11 of the CPC having regard to the fact that the ... Subsequently, it appears that the said para 11 (c) of the aforesaid or....
In the present case, as can be seen from the impugned order, the said order has been passed after service of notice on the defendant and after hearing the plaintiff and defendant as such, after an adjudicatory order had been passed, after hearing all the parties to the proceedings under Article 227 of ... (C) No.26645/2015 would submit that, insofar as an order of the civil Court refusing the grant of interim injunction under Order 39 Rules 1 and 2 of CPC is concerned, a writ petition under Article 227 ....
An order that is subject to an appeal or revision, can never be said to be an administrative order. ... The order of the High Court was not set aside while disposing of the civil appeal. The Hon'ble Supreme Court was cognizant of the distinction between an administrative order and judicial order. ... For these reasons, I have respectfully taken a contra stand and hold that the order granting leave under Section 92 of CPC is a judicial order and not an administrative #....
Where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on pronouncement of such judgment a decree shall be drawn up. This was re-emphasized by re-inserting yet another proviso in Order VIII Rule 10 CPC, which reads as under:- Procedure when party fails to present written statement called for by Court.- Provided that where the defendant fails to ....
This was re-emphasized by re-inserting yet another proviso in Order VIII Rule 10 CPC, reading as under:- “Procedure when party fails to present written statement called for by Court.- Where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on pronouncement of such judgment a decree shall be drawn up.
This was re-emphasized by re-inserting yet another proviso in Order VIII Rule 10 CPC, reading as under:- Where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on pronouncement of such judgment a decree shall be drawn up. “Procedure when party fails to present written statement called for by Court.-
"Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred and twenty days from the date of service of summons and on expiry of one hundred and twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written stat....
This was re-emphasised by re-inserting yet another proviso in Order 8 Rule 10 CPC, which reads as under: A perusal of these provisions would show that-ordinarily a written statement is to be filed within a period of 30 days.
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