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vijayj4.2012 (student)     14 April 2018

Can rejoinder allowed by plaintiff after the judgement

Respected Sir/Madam,

We are on defendant side. Plaintiff has filed partition suit. We defendent filed WS and counterclaim against suit.

After 1 year of counterclaim we did amendment in counterclaim under O. 6. R. 17. Plaintiff also filed there WS of objection.

When  honr. judge asked plaintiff for any additional say they want. The plaintiff submitted evidence close pursis.    

The honr. judge passes the order and allowed amendment of defendent(our) material fact. Now we defendant submitted our counterclaim with amendment allowed,

On next hearing means after 45 days of judement order. Now plaintiff is filed rejonder with additional say to object the current amendment and claiming the counterclaim amendment need to reject because it is barred by limitation. We confuse that how they can file rejoinder once order is already passed by honr court,

Q. Can plaintiff way to file rejoinder is allowable act after conterclaim amendment is already accepted by an honr court order?

Q. I know, rejoinder can be filed by defendant and plaintiff need to file replication. Is plaintiff need to file replication or rejoinder?

Q. What is the effect if rejoinder accepted and what is the way to object the rejoinder? Please help us to provide any citation for the objection.



Learning

 3 Replies

R.Ramachandran (Advocate)     14 April 2018

I think you are handling the matter yourself without engaging a lawyer.

Please confirm.

vijayj4.2012 (student)     14 April 2018

no, I am law student. Still not handling the case myself..But lawyer also confuse. they also facing above issue.

R.Ramachandran (Advocate)     15 April 2018

If you are only a student and if you are not concerned with the case, then better you apply your mind and find out the answer yourself.  Catalogue the reasons for your conclusion.  That will be a very good exercise for you.


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