AI Overview...
- Failure to File Rejoinder - Not an Admission of Plea
The general legal principle across multiple sources is that failure to file a rejoinder to the written statement does not amount to an admission of the plea contained therein. Courts recognize that a rejoinder is not compulsory and its absence does not automatically lead to an admission of facts or defenses raised by the defendant Sujir Keshav Nayak VS Sujir Ganesh Nayak - Kerala, Mohsinali Marchant S/O Hazi VS Fazalhussain S/O Gulamali - Madhya Pradesh, Maremmanahalli Nariyappa VS Kadirempalli Thippaiah - Andhra Pradesh, T. Bheem Reddy VS P. Laxmi Bai - Andhra Pradesh. - Court Discretion and Procedure
Filing a rejoinder is at the discretion of the court, and courts may consider the reasons for non-filing. Delay or failure to file a rejoinder, in itself, does not prejudice the plaintiff's case; courts often permit the filing of a rejoinder upon cogent reasons and may treat the absence of a rejoinder as not constituting an admission Ishwar Lal VS Ashok - Rajasthan, Mohsinali Marchant S/O Hazi VS Fazalhussain S/O Gulamali - Madhya Pradesh. - Specific Denial Required for Material Facts
For averments in the plaint or written statement to be deemed admitted, they must be specifically denied. Mere failure to deny or respond does not amount to an admission, especially when the law or procedural rules require explicit denial for certain facts Maremmanahalli Nariyappa VS Kadirempalli Thippaiah - Andhra Pradesh, T. Bheem Reddy VS P. Laxmi Bai - Andhra Pradesh. - Exceptions and Particular Circumstances
In some cases, failure to file a rejoinder or specific denial may have implications, such as affecting the ability to amend pleadings or to challenge certain facts, but these are exceptions rather than the rule Meridian Medical Projects Ltd. VS Tilak Enterprises, Vijayawada - Andhra Pradesh. - Insights from Case Law and Procedural Rules
Courts emphasize that the purpose of a rejoinder is to clarify or contest the defendant's pleadings; its non-filing is generally regarded as non-conclusive. Procedural rules, including Order 8 Rule 9 of the CPC, support the view that non-filing of a rejoinder does not amount to an admission and that parties are given leeway to lead evidence to establish their case Mohsinali Marchant S/O Hazi VS Fazalhussain S/O Gulamali - Madhya Pradesh, Maremmanahalli Nariyappa VS Kadirempalli Thippaiah - Andhra Pradesh.
Conclusion:
Failure to file a rejoinder does not constitute an admission of the defendant's plea or allegations. Courts uphold the principle that a rejoinder is not mandatory, and its absence should not adversely affect the plaintiff's case unless specific procedural or substantive requirements are violated.
Search Results for "Failure to File Rejoinder does Not Amount to Admission"
1991 0 Supreme(Ker) 120 • India - Kerala
BALANARAYANA MARAR
Plaintiff made an additional claim for an amount of Rs.28 lakhs in the replication. ... partnership, court fee need be paid on the value of the plaintiff's share in the partnership as estimated by the plaintiff or on the amount ... partnership, court fee need be paid on the value of the plaintiff's share in the partnership as estimated by the plaintiff or on the amount ... The failure on the part of the plaintiff to deny the averments contained in the written statement will not also amount#HL_....
2024 Supreme(Online)(KER) 7876 • India - High Court of Kerala
C.S. Sudha, J
the absence of any finding that the testator has not signed the Will or that the testator subscribed to the Will not knowing the ... Whether the courts below erred in holding that the execution of the Will has not been satisfactorily proved by the propounder in ... The failure on the part of the plaintiff to deny the averments contained in the written statement will not also amount to an admission of the plea raised in the written statement. 8.2. ... a rejoi....
2014 0 Supreme(AP) 1208 • India - Andhra Pradesh
M.SATYANARAYANA MURTHY
After his death plaintiffs demanded defendants for payment of their due share of profits from property but they refused to pay any amount ... is a man of scheming brain and highly intelligent appears to have brought into existence certain deeds and documents which are not ... of any testamentary disposition - As executed Will in favor of became entitled to claim entire estate of Thereby plaintiffs are not ... But, mere failure of the plaintiffs to deny the adoption pleaded by the defendants in the written statement by fi....
• India - Current Civil Cases
M.SATYANARAYANA MURTHY
name obtained on each page of document — Plaintiffs failed to prove that Somalingappa in habit of signing on documents — Clear admissions ... that no steps taken for mutation of names in revenue records after partition of property — HELD — Execution of partition deed not ... challenged by adoptive mother and her daughter — In cross-examination of natural father no suggestion put to him that 1st plaintiff did not ... But, mere failure of the plaintiffs to deny the adoption pleaded by the defendants in the written statemen....
2011 0 Supreme(AP) 1153 • India - Andhra Pradesh
B.CHANDRA KUMAR
necessary that the averements made in the written statement should be specifically denied in rejoinder as it is in case of failure ... not what is stated in an affidavit in an I.A. in such suits, though it may be treated as an admission as it also constitutes as ... to specifically deny the averments of plaint in the written statement amounting to admission. ... ... “The law does not compel the plaintiff to file a rejoinder challenging the allegatio....
1991 0 Supreme(MP) 239 • India - Madhya Pradesh
A.G.QURESHI
BY LEAVE OF COURT - FAILURE TO FILE REJOINDER NOT AN ADMISSION OF PLEA IN WRITTEN STATEMENT - PLAINTIFF CAN LEAD EVIDENCE IN REBUTTAL ... The failure to file a rejoinder cannot be treated as an admission of the plea in the written statement. ... ORDER 8, RULE 9, CIVIL PROCEDURE CODE - SCOPE AND AMBIT - REJOINDER - NOT COMPULSORY - COURT'S DISCRETION - REJOINDER CAN BE FILED ... E....
2011 0 Supreme(AP) 268 • India - Andhra Pradesh
B.CHANDRA KUMAR
to file rejoinder to the written statement in no way amounts to admission. ... A) CIVIL PROCEDURE CODE, 1908, Section 100 and Order 8 Rule 9 - Transfer of Property Act, 1882, Section 106:- Failure of the plaintiff ... Mere acceptance of the rent after the expiry of lease does not in any way amou7nt to conduct of the plaintiff signifying acceptance ... It is his specific submission that merely because the plaintiff did not file #HL_S....
2023 0 Supreme(Del) 2840 • India - Delhi
C. HARI SHANKAR
REJOINDER - PROCEDURE FOR FILING REJOINDER - Rule 7(x) of the Intellectual Appellate Division (IPD) Rules, 2002, Rule 52 in Chapter ... The court held that the failure to provide for any consequence of non-compliance of Rule 7(x) rendered the stipulated maximum period ... Finding of the Court: The court found that the failure to provide for any consequence of non-compliance of Rule 7(x ... Unlike the situation which obtains in the provisos to Order VIII Rule 1 and Rule 10 of the CPC as amended by the Commercial Courts ....
1998 0 Supreme(Raj) 205 • India - Rajasthan
SHIV KUMAR SHARMA
not amount to an admission of the plea in the written statement – (iii) In case of delay in filing rejoinder the Court shall consider ... has to assign cogent reasons for seeking permission to file rejoinder to the written statement – (ii) Non filing of rejoinder does ... the delay in filing the application seeking leave to file rejoinder of the written statement. ... ... (b) The plaintiff has to assign cogent reasons for seeking p....
2018 0 Supreme(AP) 795 • India - Andhra Pradesh
RAMESH RANGANATHAN, N.BALAYOGI
of 1st respondent-plaintiff, to amend plaint or to file rejoinder referring to the termination of the lease, fatal and would render ... of 1st respondent-plaintiff, to amend plaint or to file rejoinder referring to the termination of the lease, fatal and would render ... appellant-sub lessee, lease granted in favour of the 1st respondent-lessee being determined by the 2nd respondent-paramount title holder - Failure ... Whether failure of the 1st respondent-plaintiff, to amend its plain....
Filter by Legal Phrase
