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2023 0 Supreme(Bom) 869 : The plaintiff is not bound to file a rejoinder in answer to the written statement of the defendant. Subsequent pleadings, such as a rejoinder (referred to as ''''replication'''' under Order 8, Rule 9 of the Code of Civil Procedure), are not permitted in routine circumstances. They may only be filed when required by law, when a counterclaim or set-off is raised by the defendant, or when the court directs or permits such filing. Mere denial of the defendant''''s case by the plaintiff does not warrant a rejoinder. The plaintiff''''s case is already established in the plaint, and the burden of proving the relationship (e.g., marriage) lies on the plaintiff, which can be done through evidence without the need for a rejoinder.Checking relevance for G Ollapudi Rathamma VS Gollapudi Radha...

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2022 0 Supreme(Telangana) 347 : The plaintiff is not bound to file a rejoinder in answer to the written statement of the defendant. Filing of rejoinder is not a matter of course and requires the leave of the Court under Order VIII Rule 9 of the Code of Civil Procedure, 1908. The trial court has wide discretion to permit or reject the filing of a rejoinder, and such permission is granted only when the Court is satisfied that a rejoinder is necessary. The primary purpose of this provision is to prevent lengthy pleadings and avoid unwarranted delays in the commencement of trial. A rejoinder is permissible only to clarify or deny facts stated in the defendant''''s written statement, or to supply what was inadvertently or unintentionally omitted, and not for introducing new pleadings or mere denial of assertions.Checking relevance for Chander Kanta Bansal VS Rajinder Singh Anand...

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2018 0 Supreme(Gau) 884 : The plaintiff is not automatically bound to file a rejoinder in answer to the defendant''''s written statement. Under Rule 9 of Order VIII of the Civil Procedure Code, 1908, the court has discretion to allow a rejoinder or replication if it is satisfied that such a pleading is necessary for the just and fair decision of the case. The filing of a rejoinder is not mandatory but is subject to the court''''s leave, which may be granted either on application by the party or suo motu by the court. The court must record its satisfaction regarding the necessity of the subsequent pleading before allowing it. Thus, while the plaintiff may file a rejoinder, it is not a legal obligation unless permitted by the court under Rule 9 CPC.Checking relevance for RAMA MAHAL, SRIKALAHASTHI VS R. RAJASEKHAR S/O LATE R. DORASWAMY...

2007 0 Supreme(AP) 543 : Under Order VIII Rule 6-A CPC, the plaintiff shall be at liberty to file a written statement in answer to the counter claim of the defendants within such period as may be fixed by the Court. This means that while the plaintiff is given the liberty to file a rejoinder, it is not mandatory in all cases, and the court may exercise discretion in relation to the counter claim, including rejecting it even if no rejoinder is filed, if the claim is found to be unsustainable.

AI Overview...

Plaintiff's Obligation to File Affidavit of Admission/Denial - The plaintiff is required to file an affidavit of admission/denial of documents along with the written statement within the prescribed time, regardless of whether a replication is filed. This affidavit is necessary for the written statement to be taken on record. Failure to do so can lead to the written statement not being admitted ["2023 0 Supreme(Del) 1143"].
No Automatic Right to Rejoinder - Under the Civil Procedure Code (CPC), there is no explicit provision allowing a plaintiff to file a rejoinder after the defendant's written statement. Permission to file a rejoinder is at the discretion of the court, which may grant leave if deemed necessary to clarify or respond to new facts or assertions made in the written statement ["2023 0 Supreme(Bom) 869"], ["2022 0 Supreme(Telangana) 347"].
Court Discretion and Conditions for Filing Rejoinder - Courts have wide discretion to permit or reject a rejoinder. Typically, a plaintiff must seek leave under Order VIII Rule 9 of CPC to file a rejoinder. The court considers whether the rejoinder is necessary for clarifying issues or responding to new pleadings ["2022 0 Supreme(Telangana) 347"].
Timing and Consequences of Not Filing Rejoinder - Delay in filing pleadings like rejoinders can lead to forfeiture of rights, and courts may strike off defenses or deny admission of such pleadings if not filed timely. However, courts also recognize the importance of allowing parties to present their case fully, especially when new facts or assertions are introduced in written statements or counter-claims ["2023 0 Supreme(Manipur) 11"], ["2023 0 Supreme(Cal) 747"].
Court’s Power to Allow Subsequent Pleadings - Courts may permit subsequent pleadings when new issues are introduced, or amendments are sought, provided it is fair and does not cause undue hardship. Such permissions are granted at the court’s discretion to ensure justice and proper adjudication ["2023 0 Supreme(Manipur) 11"].
Summary - The plaintiff is generally not bound to file a rejoinder as a matter of right but must seek court permission, and such permission is granted at the court’s discretion based on necessity and timing. The primary obligation remains for the plaintiff to file an affidavit of admission/denial along with the written statement. Courts emphasize the importance of timely filings but also recognize the need for parties to clarify or respond to new defenses or assertions through permitted pleadings like rejoinders, subject to judicial discretion ["2023 0 Supreme(Del) 1143"], ["2023 0 Supreme(Bom) 869"], ["2022 0 Supreme(Telangana) 347"].

References:- 2023 0 Supreme(Del) 1143- 2023 0 Supreme(Bom) 869- 2023 0 Supreme(Kar) 957- 2023 0 Supreme(Manipur) 11- 2022 0 Supreme(Telangana) 347- 2023 0 Supreme(AP) 832-

SMT. ASHWATHAMMA vs SRI.ALTAF AHMED - Karnataka (2021)

- 2024 Supreme(Online)(KAR) 36245- 2023 0 Supreme(Del) 3855- 2023 0 Supreme(Cal) 747

Is Filing a Rejoinder to a Written Statement Mandatory Under Order VIII Rule 9 CPC?

Is Plaintiff Bound to File a Rejoinder to the Defendant's Written Statement?

In civil litigation in India, the exchange of pleadings forms the foundation of any case. After the plaintiff files the plaint and the defendant responds with a written statement, a common question arises: Is the Plaintiff Bound to File a Rejoinder in Answer to the Written Statement of Defendant? This issue often confuses litigants and even some practitioners. Generally, the answer is no—the plaintiff is not legally obligated to file a rejoinder. Instead, it requires the court's permission under specific rules of the Code of Civil Procedure, 1908 (CPC). This blog post explores the legal framework, judicial interpretations, and practical implications to help you navigate this procedural step effectively.

Note: This is general information based on established legal principles and case law. It is not specific legal advice. Consult a qualified lawyer for your case.

Main Legal Finding: No Mandatory Requirement

The core principle is straightforward: Filing a rejoinder (also called a replication) is not a mandatory requirement in civil proceedings. Under Order VIII Rule 9 of the CPC, no pleading subsequent to the defendant's written statement—except in response to a set-off or counter-claim—can be filed without the leave of the court2023 0 Supreme(Bom) 869.

Courts exercise discretion to grant or deny this leave, aiming for expeditious disposal of cases. Mere denials or new assertions by the defendant do not automatically trigger a need for a rejoinder. As observed in key judgments:

Mere denial by Defendants of relationship of Plaintiff with late Ganpati Methe would not require filing of replication by Plaintiff. The Plaintiff has already set up a case in the plaint that she is wife of late Ganpati. She will have to prove this assertion by adducing evidence. 2023 0 Supreme(Bom) 869

This underscores that the plaintiff proves their case through evidence at trial, not endless pleadings.

Legal Provisions Governing Rejoinder Filing

Order VIII Rule 9 CPC is pivotal:

No pleading subsequent to the written statement of a defendant other than by way of defence to a set-off or counter-claim shall be presented except by the leave of the Court... 2023 0 Supreme(Bom) 869

This provision prevents prolongation of pleadings, promoting efficiency. The plaintiff has no automatic right; the court imposes terms if leave is granted 2022 0 Supreme(Telangana) 347.

Purpose of Judicial Discretion

Courts permit rejoinders only when necessary for just and fair adjudication. Factors include:- Clarification of ambiguous points in the written statement.- Response to new facts raised by the defendant.- Avoidance of prejudice to the plaintiff.

The court may require the plaintiff to present the proposed rejoinder for review before approval 2023 0 Supreme(Bom) 869.

Judicial Practice and Key Case Law

Indian courts have consistently ruled against routine rejoinders. In Malgireddy Venkata Ramana (2010 (3) ALD 82):

The primary object of subsequent pleading is to supply what has been omitted inadvertently or unintentionally or to deny or clarify the facts stated in the pleadings of the opposite party. In the rejoinder the plaintiff can be permitted to explain the additional facts, which have been incorporated in the written statement. 2023 0 Supreme(Bom) 869

This highlights rejoinders as exceptional tools, not defaults.

In another instance, the court rejected a rejoinder application, noting it wasn't essential for case disposal 2022 0 Supreme(Telangana) 347. These rulings align with the CPC's goal of speedy justice.

Insights from Related Cases

While not mandatory, rejoinders are sometimes filed strategically. For example:- In a tenant-landlord dispute, the plaintiff filed a rejoinder denying counter-claim allegations on defaults from March 2009, admitting a legal notice but contesting its validity 2016 0 Supreme(AP) 494. The court upheld concurrent findings without deeming the rejoinder obligatory.- In a partition suit, the plaintiff's rejoinder addressed the second defendant's written statement, but the focus remained on substantive issues like ancestral property, not the pleading itself 2014 0 Supreme(AP) 517.- A specific performance case saw the plaintiff file a rejoinder denying tampering allegations in a sale agreement, yet the suit failed on other grounds like limitation and readiness 2013 0 Supreme(Kar) 644.

These examples illustrate that while rejoinders can clarify denials—such as new pleas in written statements—they are discretionary and do not alter the non-mandatory rule 2013 0 Supreme(AP) 777. In eviction suits, rejoinders have addressed rent disputes, but courts prioritize evidence over additional pleadings 2006 0 Supreme(Raj) 263.

When Can a Rejoinder Be Filed?

Typically, courts may grant leave if:- New material facts emerge in the written statement requiring rebuttal 2022 0 Supreme(Telangana) 347.- Clarification is essential for fair trial.- The plaintiff files an application with the proposed draft.

Exceptions and Limitations:- No automatic filing; court may reject to prevent delays.- Plaintiff's mere denial of assertions doesn't necessitate it 2023 0 Supreme(Bom) 869.- In counter-claim scenarios, a defense is allowed without leave, but rejoinders to the main written statement still need permission.

Practical Implications for Litigants

For Plaintiffs

Evaluate necessity: Does the written statement introduce triable new issues? If your plaint already covers it, proceed to evidence.
Seek leave promptly: File an application under Order VIII Rule 9, attaching the draft rejoinder.
Anticipate rejection: Courts prioritize efficiency; be prepared to argue why it's indispensable.

For Defendants

Raising preliminary denials doesn't force a rejoinder—plaintiffs must prove via evidence.

Court Recommendations

Judges should grant leave judiciously, only when essential for justice 2023 0 Supreme(Bom) 869.

In practice:1. File application post-written statement.2. Submit proposed rejoinder.3. Court assesses for necessity and delays.

Common Misconceptions

Myth: Every denial requires a rejoinder. Reality: No—evidence stage handles proofs 2023 0 Supreme(Bom) 869.
Myth: Rejoinder is a right. Reality: Purely discretionary 2022 0 Supreme(Telangana) 347.

Key Takeaways

Plaintiffs are not bound to file rejoinders; it's optional with court leave under Order VIII Rule 9 CPC.
Seek permission only for genuine clarifications to avoid delays.
Focus on strong evidence—pleadings are foundational, not exhaustive.
Judicial discretion ensures fairness without prolonging litigation.

In conclusion, while rejoinders can refine issues, they are not obligatory. This balances thoroughness with efficiency in Indian civil courts. For tailored guidance, consult a legal expert familiar with your jurisdiction's nuances.

References:1. 2023 0 Supreme(Bom) 869: Core case on non-mandatory rejoinders and court leave.2. 2022 0 Supreme(Telangana) 347: Emphasizes necessity-based permission.3. Additional contexts from 2016 0 Supreme(AP) 494, 2014 0 Supreme(AP) 517, 2013 0 Supreme(Kar) 644, 2013 0 Supreme(AP) 777, 2006 0 Supreme(Raj) 263.

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