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Limitation for Filling Rejoinder - Main Points and Insights

Rejoinder Filing and Limitation Periods
Courts generally consider the time limit for filing rejoinders as directory rather than mandatory (INDRAJ00000020138), meaning failure to file within the prescribed period does not automatically invalidate the rejoinder unless prejudice is shown.
Objections based on limitation for filing rejoinders are often rejected if the delay is condoned or if no prejudice is caused (INDRAJ00000020138, INDSC00000001191).
In some cases, courts have the discretion to condone delays in filing rejoinders, especially if the delay is minor or justified (01900002724, INDNCLAT00000003073, INDDEL00000146701).
Court Discretion and Liberal Construction
Courts emphasize the discretionary nature of condoning delays and the importance of liberal construction to serve justice (01900002724, 01100075450).
The primary concern is whether the delay causes prejudice; if not, courts tend to permit filing of rejoinders even beyond limitation periods (INDNCLAT00000003073).
Purpose and Limitations of Rejoinder
Rejoinder's primary purpose is to respond to new facts or pleas raised in the reply, and it does not typically involve introducing new issues unless permitted by the court (00200042639).
Filing a rejoinder after the conclusion of hearings or beyond the stipulated time without permission is generally disallowed, unless the adjudicating authority exercises discretion (INDNCLAT00000003073).
Procedure and Judicial Approach
Courts recognize procedural provisions allowing rejoinders to facilitate complete pleadings but also interpret limitations into these provisions to prevent abuse (04300003658).
The procedural rules aim to balance the need for thorough pleadings with the prevention of undue delay or prejudice.

Analysis and Conclusion

The limitation for filing a rejoinder is primarily directory and subject to judicial discretion. Courts tend to favor liberal acceptance of delayed rejoinders if justified and if no prejudice is caused to the opposing party.
Objections based solely on limitation are often rejected, especially if the delay is condoned or if the filing occurs before final judgment.
Ultimately, courts prioritize substantive justice over strict procedural adherence, allowing for flexibility in filing rejoinders to ensure fair adjudication.

References

Search Results for "What is Limitation for Filling Rejoinder"

State Of J. &K. VS Baldev Singh Sardool Singh (Firm)

1973 0 Supreme(J&K) 81 • India - Jammu and Kashmir

MIAN JALAL-UD-DIN, SYED WASI-UD-DIN

LIMITATION ACT - CONDONATION OF DELAY - SUFFICIENT CAUSE - DISCRETION OF COURT - LIBERAL CONSTRUCTION - NEGLIGENCE OR INACTION ... Fact of the Case: The State of Jammu and Kashmir filed an application under Section 5 of the Limitation Act to condone ... Ratio Decidendi: The court held that the expression "sufficient cause" in Section 5 of the Limitation Act should receive a ... This position is not disputed that the limitation for filling the appeal expired on November, 3, 1971, and hence there was a....

Indian Drugs And Pharmaceuticals VS Indo Swiss Synthetics Gem Mfg. Company LTD.

1996 1 Supreme 6 • India - Supreme Court

B.L.HANSARIA, K.RAMASWAMY

33-Limitation Act, 1963-Article 137-Reference of dispute to Arbitrator-Point of Limitation raised ... Arbitration for damages-Cause of action accruing in July, 1985- Arbitrator appointed in May, 1988-Whether Arbitration was barred by limitation ... In reply, the learned Attorney General brings to our notice the averments finding place in the Rejoinder of the appellant. We are referred to the Rejoinder because the plea of limitation was raised for the first time in the counter-affidavit....

2025 Supreme(Online)(CAT) 2718 • India - Central Administrative Tribunal

Mr.Shri Krishna, Mr.Umesh Gajankush, JJ

Thereafter, rejoinder was filed by the applicant by placing on record order passed by CAT, Principal Bench in case of Smt.Indu Hali Vs. ... Scheme shall be permissible and the claims of the employees shall not be barred by the doctrine of delay and laches and/or limitation, in light of the fact that the schemes as put in operation, accrued for the welfare of the employees. ... Applicant was very well known that he is CPF optee on the basis of the records such as allotment of new CPF No., monthly pay bill deduction, Form-16 issued year after year for #HL_ST....

ISHWAR LAL S/O SH. KANHAIYALAL Vs. DR. YOGESH AILANI S/O LATE DR. CHANDRA PRAKASH AILANI

2024 Supreme(Online)(RAJ) 30240 • India - High Court of Rajasthan (Jaipur Bench)

MAHENDAR KUMAR GOYAL, J

The petitioner objected to the rejoinder on grounds of limitation, which was rejected by the Rent Tribunal. ... ... ... Ratio Decidendi: The court ruled that the provisions concerning the time limit for filing rejoinders are directory, and failure ... to serve an advance copy does not invalidate the rejoinder if no prejudice is shown. ... Raising an objection that it was beyond the period of 30 days from the date of filing of the reply and was barred by limitation a....

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 ... Fact of the Case: The court disposed of an objection raised by the respondent's counsel regarding the filing of rejoinders ... of rejoinders. ... Condonation of delay - In case of delay in filing of petitions, appeals or any other proceeding beyond the relevant limitation period, if any, the Court shall have the po....

SMT ARCHANA KHANNA vs STATE OF GOVERNMENT OF NCT OF DELHI & ORS.

2025 Supreme(Online)(Del) 4141 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI

MS. JUSTICE MANMEET PRITAM SINGH ARORA, J

... ... Issues: Whether the delay in filing a rejoinder should be condoned and its impact on the trial. ... (A) Code of Civil Procedure, 1908 - Section 151 - Limitation Act, 1963 - Section 5 - Condonation of delay - Application to condone ... delay of 79 days in filing a rejoinder to the objections filed by Respondent No. 2 was accepted - The jurisdiction to condone delay ... The jurisdiction of this Court to condone delay in filing a rejoinder in testamentary procee....

2025 Supreme(Online)(SC) 105932 • India - Supreme Court of India

MR. JUSTICE SANJAY KAROL, MR. JUSTICE K.V. VISWANATHAN, JJ

of counter and rejoinder affidavits. ... (A) Civil Procedure Code - Limitation - The court addressed the limitation issue raised in the trial court, arguing that the answer ... ... ... Issues: The main issue was whether the trial court answered the limitation issue correctly. ... 2 In view of the averments made therein, it is argued that Issue No. 6 pertaining to limitation framed by the Trial Court (Page 108) was answered erroneously. 3. Issue notice, returnable on 21.04.2025. Dasti service, in addi....

2013 0 Supreme(AP) 113 • India - Andhra Pradesh

L.NARASIMHA REDDY

Amendment of written statement - Re-joinder does not entail framing of any additional issue---Trial Court directed to take on record rejoinder ... Filing of rejoinder became necessary only on account of the amendment caused to the written statement. A rejoinder has a very limited purpose to serve. Except that it incorporates the plea of denial or explanation, by itself, it cannot plead any new or fresh fact, unless permitted by the Court. ... The application seeking permission to file rejoinder was file....

Shree Padmawati Metaliks Pvt Ltd. Through its Director Arman Ali VS STATE BANK OF INDIA

2024 Supreme(Online)(NCLAT) 614 • India - National Company Law Appellate Tribunal

Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) , Hon'ble Mr. Arun Baroka (Member (Technical)) ,

INSOLVENCY - REJOINDER - FILING AFTER CONCLUSION OF HEARING - DISCRETION OF ADJUDICATING AUTHORITY Fact of the Case: ... a rejoinder after the conclusion of the hearing of the Financial Creditor. ... Issues: Whether the Adjudicating Authority erred in allowing the rejoinder to be filed after the conclusion of the hearing ... It is submitted that the Adjudicating Authority ought not have been taken on record the rejoinder since no liberty was earlier sought for filing of rej....

Hafiz Mufti Mohammed Zahid Nasri VS Mohammed Iqballuddin Ahmed

2021 0 Supreme(Telangana) 436 • India - Telangana

M. S. RAMACHANDRA RAO

(A) Civil Procedure Code, 1908 - Order VIII Rule 9 - Subsequent pleadings - The Court found that denying a rejoinder or reply-affidavit ... Misrepresentation of Facts - The court noted the petitioner's claim of misrepresentation by respondents in their pleadings necessitating a rejoinder ... ... ... Ratio Decidendi: The court held that procedural provisions allow for filings of rejoinders and replies to ensure complete ... pleadings, but Courts have interpreted by reading certain limitations into it, to ensure that the....

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