Rejoinder after the judgement passed by honr judge
vijayj4.2012
(Querist) 14 April 2018
This query is : Resolved
Respected Sir/Madam,
We are on defendant side. Plaintiff has filed partition suit. For the suit defendant filed counterclaim against suit. After 1 year of counterclaim defendant did amendment in counterclaim under O. 6. R. 17. After hearing both the parties and plaintiff ws of objection and after both the parties argument honr. judge asked plaintiff for any additional say they want. The plaintiff submitted evidence close pursis. The honr. judge passes the order to allow the amendment of defendant. After submitting the counterclaim with allowed amendment, On next hearing date means after 45 days of judgement order, plaintiff is filed rejoinder with additional say to object the current amendment and claiming the counterclaim amendment need to reject because it is barred by limitation.Defendant confuse that how they can file rejoinder once order is already passed for allowing the counterclaim by honr court,
Q. What is the next procedure that we can object there rejoinder?
Q. Can plaintiff way to file rejoinder is right/allowable act after judgement order passed on counterclaim amendment?
Q. Is plaintiff need to file replication or rejoinder, because I know that defendant always file rejoinder and plaintiff replication?
Q. What is the effect if rejoinder accepted and what is the way to object the rejoinder?
Dr J C Vashista
(Expert) 15 April 2018
Moot court question shall be resolved by your tutor(s).
P. Venu
(Expert) 15 April 2018
The facts, as posted lacks clarity.
Surrender K Singal
(Expert) 15 April 2018
Rejoinder may be in the nature of W S against the belated Counter-Claim; So-called Judgment may be to take on record the said Counter claim, is it not ?
