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Documents/Pleadings / Issues

Rejoinder

The plaintiff's answer to new matter in the written statement — permitted, but not as of right.

No express provision; filed with the leave of the court

The Code provides for a plaint and a written statement. A rejoinder is not a pleading the Code guarantees — it is allowed where the written statement raises new facts that call for an answer.

It must contain

01Leave of the court. Filed without leave, it may simply be ignored.
02An answer confined to the new facts raised in the written statement.
03Denials that are specific, on the same footing as any other pleading.
04Verification.

Where it fails

Using it to improve the plaint. A rejoinder cannot repair a cause of action that was not pleaded in the first place.
Introducing a fresh case — the remedy for that is an amendment under Order VI Rule 17, not a rejoinder.
Re-arguing the plaint at length instead of meeting the new matter.

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6Written Statement
6Counter-claim