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mahesh (director)     31 March 2015

Rejoinder

I am complainant in the matter against bank and bank has given me written statement in the matter, aND NOW COURT IS SAYING ME TO GIVE REJOINDER.....WHAT IS THIS REJOINDER AND FORMAT FOR THAT


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 2 Replies

Hardeep (Business)     31 March 2015

Broadly, a rejoinder - as the name says - is where you  reply to the Opposite Party's claims and evidences. You should reply to each point, either agreeing or denying it. If you deny, either you can refer to the evidence already given in your Complaint or put in new evidence to contest what the Opposite Party is saying in its reply.

After this , the OPs ( Opposite Parties )  will be required to file their Evidence Affidavits and you yours. Ideally all your documents - Complaint, Rejoinder and Evidence Affidavits should comprehensively support your case put out in the Complaint itself and not start on some new complaints etc.. Remember that once you file your Evidence Affidavit, you will not be allowed to bring in new evidence - the same goes for the Opposite Party too. That is, the " Evidence will be closed " Then the case will proceed to Arguments, where the Court will see all the documents submitted by any party and decide on that basis and the arguments. Again, the arguments can not bring in new evidence. Exceptions could be there , but only with the approval of the Court and if they make sense.For example, a material development which occurred after evidences were closed.

 

As for Format, you could simply follow the format of your complaint, just add on top " Rejoinder to Opponent's Reply Dated..... ". Court , in consumer cases, understands that the litigants need not be lawyers and allows for that, generally. However, your submissions should be focused , rational, logical and well evidenced. Bear in mind that the Opposite Party will try to disprove what you are saying - maybe by citing evidence they have in turn.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.For DIRECT contact with me / my friends and more law related informations / queries visit https://getjoy.in/r/q

 

 

mahesh (director)     13 April 2015

thanks a lot HARDEEP sir, very important information


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