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P S Jaya sankar   05 September 2021

Adjudication of writ without RA

Sir/ Ma'am,

please inform me the 'relevant case law' which permit me to request judiciary to adjudicate my writ based on my submission in writ and counter affidavit of opposite party only i.e without insisting for rejoinder affidavit. My aim is for early adjudication as my submission in writ is explicit and covers rebuttal to CA also.

Thanks in advance.


Learning

 2 Replies

Shubham Bhardwaj (Advocate)     05 September 2021

Dear Mr Sankar, There is no need for a case law on this. Rejoinder is not a compulsory pleading. Replication or a Rejoinder is filed only if the party wants to file it. For eg : Replication is a Reply to Reply. It is filed only if the Plaintiff intends to brings additional facts before the court. Further Rejoinder is filed as a Reply to Replication. It is also not a compulsory pleading. It is only filed if Defendant or Respondent wants to reply to the replication of the plaintiff. In proceedings before the court, simply state that you have completed your pleadings and case may be put up for Arguments. However the other party may say that they wish to file Rejoinder. You cannot stop a party from exercising their legal right. Please note that in India sometimes rejoinder is used also for replication. Although it is technically incorrect but that is the way it is. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance. Regards

P S Jaya sankar   06 September 2021

thanks a lot sir, for kind valuable opinion on this subject.

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