Question: What Is A Rejoinder Affidavit?

What is Rejoinder under CPC?

The term replication does not find its place in CPC, however, through various judgements it is observed that in certain cases with the leave of the Court, Plaintiff has been permitted to file a rejoinder to the written statement filled by the defendant, such a rejoinder filled by the Plaintiff is termed as “replication ….

What is replication in law?

In Common-Law Pleading, the response of a plaintiff to the defendant’s plea in an action at law, or to the defendant’s answer in a suit in Equity. The plaintiff had an opportunity to respond in a paper called a replication. …

What is a rejoinder?

1 : the defendant’s answer to the plaintiff’s replication. 2 : reply specifically : an answer to a reply.

How do you make a rejoinder?

What makes a strong rejoinderWhite space. I’ve seen a draft that was a wall of text, 5,000 characters long. … Make the connections. … Be specific about specifics. … Not this project. … Be measured in your reply. … The assessor by assessor structure. … The criteria by criteria structure. … The narrative structure.

Is rejoinder part of pleading?

rebutted only by way of replication/rejoinder and, therefore, in this background the rejoinder essentially constitutes “part of the pleadings” under Order 6 Rule 1. … complainant has filed rejoinder in which he denied the pleadings of the opposite parties and reaffirmed the averments made by him in his plaint.

What bested means?

Meaning of bested in English to defeat someone in a fight or competition: He bested his opponent in just two rounds. Synonyms. outdo. outflank.

What is replication mean?

1 : the action or process of reproducing or duplicating replication of DNA. 2 : performance of an experiment or procedure more than once. replication. noun. rep·​li·​ca·​tion | \ ˌre-plə-ˈkā-shən \

Who can file rejoinder?

In rejoinder, plaintiff has a right to explain only the additional facts incorporated by the defendant in his written statement. In rejoinder, plaintiff cannot be permitted to come forward with an entirely new case or raise inconsistent pleas so as to alter his original cause of action. (11).

What is counter file in court?

A Counter-claim is “a claim made by the defendant in a suit. against the plaintiff”. 1. It can be stated as follows:- 1. ) It is an independent claim 2) It is separable from the plaintiff’s claim, and 3) It is enforceable by a cross-action in favour of the defendant 1.2.

What is counter in court?

The term “counter-claim” means a claim raised by the defendant against the claim of plaintiff in a suit. … One of the pleas open to a defendant to defeat the relief sought by the plaintiff against him is a counterclaim. Counterclaim may be defined as “a claim made by the defendant in a suit against the plaintiff”.

What you are worth meaning?

If you do something for all you are worth, you put a lot of effort into it: We pushed the car for all we were worth, but we still couldn’t get it started. SMART Vocabulary: related words and phrases.

What is the difference between rejoinder and replication?

Replication is a pleading by plaintiff in answer to defendant’s plea. ‘Rejoinder’ is a second pleading by defendant in answer to plaintiff’s reply i.e. replication.

What is pleading under CPC?

Introduction. Pleadings form the foundation for any case in the court of law. … Code of Civil Procedure (CPC) in order 6, Rule 1 defines pleadings as a written statement or a plaint. The plaintiff’s written statement and the defendant’s additional written statement are termed supplemental pleadings.

What wasted means?

1 : laid waste : ravaged. 2 : impaired in strength or health : emaciated. 3 archaic : gone by : elapsed the chronicle of wasted time— William Shakespeare. 4 : unprofitably used, made, or expended wasted effort.

How do you use hardly?

Hardly usually comes after the verb ‘be’ when it is used in simple tenses such as ‘is’ or ‘was’: This was hardly surprising. In writing, you can use hardly at the beginning of a sentence before an auxiliary to say that one thing happens very soon after another thing: Hardly had the rain stopped, when the sun came out.

What is additional written statement?

As filing the written statement is the right of the defendant but the additional statement is based on the discretion of the court. Further, in written statement defendant can put his case also under the heading additional plea, and can state new facts or ground which is necessary to defeat the opponent.

How do you use rejoinder in a sentence?

Rejoinder in a Sentence 🔉The boy was chastised when he responded to the teacher with a sarcastic rejoinder. … When the rapper made a rude rejoinder to his critics, he faced harsh backlash from the public. … The comic is known for his ability to make a hilarious rejoinder with a deadpan expression on his face.More items…