AI Overview...
New Facts Cannot be Pleaded in the Rejoinder Affidavit
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Rejoinder and New Facts - Rejoinder affidavits are generally not permissible for introducing new facts that change the nature of the case or set up a new case. Courts have consistently held that parties cannot use rejoinders to plead fresh facts or inconsistent allegations to prejudice the opposition. For example, in SURENDRA KUMAR VS ABDUL RAHEEM - Rajasthan, the court struck off documents and affidavits introduced via rejoinder that attempted to present a new case, emphasizing that rejoinders should not be used to introduce new facts.
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Limitations on Rejoinder Content - The courts restrict rejoinders to clarifying or replying to facts already pleaded, not to introduce new facts or evidence. As per Municipal Council Hanumangarh VS Rajkumar Hisariya - Rajasthan and GANDLA LAXMI VS G. ASHAVVA - Telangana, additional facts that could potentially non-suit the opposing party or alter the case's nature are not permissible in rejoinders. The courts have reiterated that new facts that could change the scope of the case or lead to a different judgment are inadmissible at this stage.
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Legal Principles and Precedents - The legal principle established is that parties cannot set up a new case or introduce new facts through rejoinder affidavits or pleadings, as this would violate the principles of fair trial and procedural fairness. In PATEL GORDHANBHAI GARBADBHAI VS PATEL BHAGWANDAS SANABHAI - Gujarat, the court explicitly ignored redundant affidavits and rejoinders containing unpleaded facts, emphasizing that only facts already on record can be considered.
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Exceptions and Clarifications - Some courts permit explanations of already pleaded facts or clarification of existing pleadings, but not the introduction of entirely new facts. For instance, in Shobha VS Namdeo - Current Civil Cases, the court allowed explanation of additional facts that had been pleaded, but not the introduction of new case-altering facts.
Analysis and Conclusion
The consistent judicial stance across these references underscores that new facts cannot be pleaded in rejoinder affidavits as they are meant solely for clarification or rebuttal of already pleaded facts. Courts have repeatedly struck down attempts to introduce fresh facts via rejoinder, emphasizing the importance of maintaining the integrity of the pleadings and ensuring fair trial procedures. Therefore, parties should limit rejoinder content to addressing existing pleadings without attempting to set up new cases or facts that could prejudice the opposing side (SURENDRA KUMAR VS ABDUL RAHEEM - Rajasthan, Municipal Council Hanumangarh VS Rajkumar Hisariya - Rajasthan, PATEL GORDHANBHAI GARBADBHAI VS PATEL BHAGWANDAS SANABHAI - Gujarat, GANDLA LAXMI VS G. ASHAVVA - Telangana, Mukut Raj Laxmi VS Dr. Jitendra Singh - Rajasthan).
Search Results for "New Facts Cannot be Pleaded in the Rejoinder Affidavit"
2014 0 Supreme(Raj) 407 • India - Rajasthan
SANGEET LODHA
so also document (Ex.17) and affidavit of being taken on record - It was prayed that para no.9 of the rejoinder may be ordered to ... in para no.9 of rejoinder respondents have attempted to introduce altogether a new case in garb of rejoinder to the prejudice of ... be deleted and the Ex.17 alongwith photographs and affidavit of Shri Narpat Singh Mehta may be struck off from record and be kept ... After consideration of the rival submissions, the Rent Tribunal arrived at the finding th....
2010 0 Supreme(Raj) 1802 • India - Rajasthan
SANGEET LODHA
case by incorporating the facts abovementioned in rejoinder – Therefore, it was held that the Tribunal was justified in rejecting ... 227 – The Rent Tribunal had rejected the application filed by the petitioner/non applicants praying for deletion of para No. 9 of rejoinder ... – Hence, the petitioner filed a writ petition challenging the order of the Tribunal – The declaration so made in para No. 9 of rejoinder ... After consideration of the rival submissions; the Court below arrived at the finding that by way of #HL_ST....
1975 0 Supreme(Guj) 41 • India - Gujarat
S.H.SHETH
Whatever facts were not pleaded before the tribunals below cannot now be added in order either to sustain the petition or to answer it. Whatever facts were pleaded by the parties before the tribunals are already on record. ... In my opinion therefore the affidavits in reply and in rejoinder are thoroughly redundant and cannot be taken into account. I have therefore completely ignored them. ... ... ( 6 ) AT the outset I may state that respondent No. ....
2019 0 Supreme(Manipur) 8 • India - Manipur
KH.NOBIN SINGH
, granting two weeks' time for filing a sur-rejoinder confining to the new facts pleaded in the replication. ... The court allowed the application and granted two weeks' time for filing a sur-rejoinder confining to the new facts pleaded in the ... confining to the new facts pleaded in the replication. ... That is permissible in law but while doing that, he has pleaded some #HL_ST....
2023 0 Supreme(Raj) 2077 • India - Rajasthan
PUSHPENDRA SINGH BHATI
(Para 9) ... ... Issues: Whether a rejoinder can introduce new facts that change the nature of a claim, impacting ... , claiming it introduced new facts improperly. ... revising the orders of subordinate courts - The petitioner challenged the decision allowing the respondent's application to file rejoinder ... It was further submitted that it is a settled principle of law that a party cannot be allowed to set up a new case by way of filing #HL_STA....
2018 0 Supreme(AP) 978 • India - Telangana
D.V.V.S.SOMAYAJULU
as the additional facts pleaded by the defendant had the potential to non-suit the plaintiff's case. ... Ratio Decidendi: The court held that when additional facts pleaded by the defendant have the potential to belie the contention ... The lower court rejected the application, stating that there were no new grounds in the written statements warranting a rejoinder ... It is also specifically stated in the proposed rejoinder that there is no documentary evidence suppor....
2020 0 Supreme(Guj) 464 • India - Gujarat
S.R.BRAHMBHATT, A.G.URAIZEE
have further contended that producers who are opposing investigation are producing more than respondent and therefore respondent cannot ... that for aforesaid reasons especially when notification impugned is not in any manner causing any prejudice to petitioners has not pleaded ... that for aforesaid reasons especially when notification impugned is not in any manner causing any prejudice to petitioners has not pleaded ... It is further submitted in the rejoinder that the supporting affidavit submitted b....
2020 0 Supreme(AP) 300 • India - Andhra Pradesh
NINALA JAYASURYA
VII Additional Senior Civil Judge’s Court, which were filed by the persons in the group of the petitioner/plaintiff, and the same cannot ... rather than scuttling their right to do so - A caveat is, however, entered that in the guise of such applications, the parties cannot ... VII Additional Senior Civil Judge’s Court, which were filed by the persons in the group of the petitioner/plaintiff, and the same cannot ... The other contention of the learned counsel for the respondents that only in the event of a counter-claim or set-off is #HL_....
• India - Current Civil Cases
A.S.CHANDURKAR
case cannot be permitted to be introduced by the plaintiff, but he can be permitted to explain additional facts that have been pleaded ... case could not be permitted to be introduced by plaintiff but he could be permitted to explain additional facts that were pleaded ... It, therefore, cannot be said that the subsequent pleadings were either inconsistent with the averments in the plaint or that a new ... ... b) In rejoinder, the plaintiff can be p....
2015 0 Supreme(Raj) 1987 • India - Rajasthan
P.K.LOHRA
facts pleaded in the written statement and to clarify the factual position. ... CASE BUT HAVE CONTROVERTED NEW FACTS PLEADED IN THE WRITTEN STATEMENT AND CLARIFIED THE FACTUAL POSITION - IMPUGNED ORDER ALLOWING ... A plaintiff cannot be allowed to set up a new case or incorporate inconsistent pleadings in the guise of subsequent pleadings, but ... Thus, in the sum and substance, the plaintiff cannot be permitted to raise a new plea ....
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