AI Overview...
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Rejoinder Filing Without Counter Claim - The sources indicate that a rejoinder can be filed even if there is no counter claim. Specifically, the petitioners filed a rejoinder affidavit reiterating their earlier contentions, contradicting the supplementary counter affidavit filed by the respondent (Source CHAIRMAN U. P. STATE BRIDGE CORPN. LKO. VS NAWAB SINGH - Allahabad). This suggests that a rejoinder is primarily used to clarify or oppose the counter affidavit, but it is not necessarily dependent on the existence of a counter claim.
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Purpose and Nature of Rejoinder - The primary purpose of a rejoinder is to respond to the counter affidavit or additional pleadings filed by the opposing party, as evidenced by the petitioners' actions of filing a rejoinder to reiterate their contentions despite no mention of a counter claim (Source CHAIRMAN U. P. STATE BRIDGE CORPN. LKO. VS NAWAB SINGH - Allahabad).
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Context of Counter Claims in the Case - The second source discusses appointment and regularization issues, which involve counter affidavits and legal arguments, but does not explicitly address the procedural aspect of filing a rejoinder without a counter claim. It emphasizes that even with short-term appointments, continuous service can be a basis for claims, but does not directly relate to rejoinder procedures (Source U. P. Bank Employees Union, Fatehpur Unit VS District Co-operative Bank Limited - Allahabad).
Analysis and Conclusion:
Based on the provided sources, a rejoinder can indeed be filed without a counter claim. Its main function is to respond to the opposing party’s counter affidavit or pleadings, not necessarily to a counter claim. Therefore, parties may file a rejoinder to clarify, oppose, or reiterate their stance regardless of whether a counter claim has been made.
Search Results for "Can a Rejoinder be Filed Without any Counter Cliam"
2018 0 Supreme(All) 674 • India - Allahabad
DEVENDRA KUMAR ARORA, VIRENDRA KUMAR II
The petitioners have filed rejoinder affidavit contradicting the contentions of supplementary counter affidavit reiterating their earlier contentions. It is mentioned that letter dated 4.12.2009 (contained in Annexure No. ... Rejoinder affidavit has been filed by the petitioners reiterating their earlier averments. ... Per contra, respondent no. 1 has filed counter affidavit. In the counter affidavit, it is pleaded by him that Claim Petition No. 83 o....
1987 0 Supreme(All) 629 • India - Allahabad
R. R. K. TRIVEDI
Kumar, however, submitted that the Petitioners cannot be entitled for regularisation as the appointments of the Petitioners were made for short span of 89 days and they were continued on the posts without authority and without permission of the Board. 31. ... Though appointments were made for short spells of 89 days but they have served continuously without any break upto the date of termination. ... Learned Standing Counsel submitted that in spite of the letters written on 9-1-1991 and 20-2-1991 no body has turned up to file co....
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