The Bombay High Court noted in that case: « With regard to the objection that the sentence would be erroneous for failure to comply with the rules of natural justice, all relevant rules, if already in the record, have no problem. As noted above, the complainants were required to present all the facts necessary to substantiate their claim in the application. The purpose of a rejoinder is not to fill the gaps left by the applicants in their pleadings in the application. In view of the applicant`s request for rejoinder, the nature of the remedy, the remedy sought and the objections raised in the written statement are of great importance. In this context; The Court is required to adopt a realistic and pragmatic approach rather than a pedantic and idealistic approach. (b) The rejoinder may enable the applicant to explain the additional facts included in the pleadings. This system of common law pleadings has largely been replaced by common law pleadings in most jurisdictions with legal systems based on the English tradition. Code memorandums are generally simplified versions of common law memoranda and can easily be recognized as derivative. In the United States, for example, the federal court system has adopted the Federal Rules of Civil Procedure, which prescribe the series of pleadings for civil proceedings at the federal level. It is therefore clear that a decision-making authority, which may authorise the production of a rejoinder requested by the parties, will ensure that the plea raised is not a new plea, but a promotion of the plea raised in the application. It is also confirmed that the basis of the request will not be changed and that the opposing party will have a full and sufficient opportunity to respond/refute the findings and that the other party will not suffer any disadvantage. It must be stated with certainty that the pleas relied on in the rejoinder do not have the character of a new case and do not contain contradictory pleadings. The judgments rendered in the judgments mentioned below summarize the views of various jurisdictions, which provide valuable guidance on what is considered an essential consideration when filing a rejoinder.
@ElizaBennett – I`ve seen it used as a synonym for « retort ». Usually, you will see the phrase « spiritual response. » Like what you always wish when something offensive, offensive, etc. says! (c) The applicant may not be allowed to raise an entirely new case in his rejoinder. Accelerate all aspects of your legal work with tools that help you work faster and smarter. Win cases, close deals and grow your business, while saving time and minimizing risk. The word duplique comes from the Middle French word joine, which means to respond to a complaint. The meaning of a spiritual response evolved from legal significance. They often think about the best answers long after crucial moments have passed, which can be really frustrating. Once both parties have submitted their rejoinder, is there a delay for how many days the decision will be made? Furthermore, the principles of filing a rejoinder were most effectively summarized in this case, in which the HC of Rajasthan established the following principles: At common law, a rejoinder was a type of counterclaim. However, it confined itself to presenting the facts in direct reaction to the applicant`s statement of facts in his application. During this period, courts were only allowed to hear a trial and a defence theory in the same case.
This is quite different from today`s courts, which prefer to deal with several pleas for the same facts at the same time and also give the defendant the opportunity to present several sometimes contradictory defences. « The ratio decidendi of precedents, on which one relies heavily, cannot be disputed, but the principles formulated therein must be applied in the context of the facts and circumstances of a particular case, and there can be no straightjacket. Decision VIII Rule 9 of the Code of Civil Procedure allows the holder to file a supplementary pleading. The expression « supplementary written declaration » is not defined in the 1908 Code of Civil Procedure (C.C.P.). According to a legal dictionary, the term « written statement » means a defence plea. The above rule states: « According to the written statement of a defendant, it is only with the permission of the court and under such conditions as the court deems appropriate, may require a procedural document or an additional written statement or an additional written statement and a period not exceeding thirty days to present it. » Verdict – is there a « dispute »? In this practical note, the preconditions for a dispute are considered to be subject to determination. In summary, a dispute must: • have crystallized in such a way that the defendant has had an opportunity to examine and reject the claim before notification of the decision is served; • be a single dispute (although it may involve multiple issues) • have not already been decided (in a previous decision, tribunal or arbitration) or resolved For guidance on eligibility to decide in general, see Practice Note: The Right to Decide.