In the Indian Civil Procedure Code (CPC), "Replication" and "Rejoinder" are
terms associated with the back-and-forth exchange of pleadings in a civil suit.
While they share the goal of responding to the opposing party's allegations,
they differ in their specific functions and applications.
Under Order VIII Rule 9 of the Code of Civil Procedure, 1908, the court
possesses the authority to request written statements from both parties at any
stage of proceedings, a power that should be liberally exercised to clarify the
issues, especially in complex matters; furthermore, the plaintiff has one month
to file a replication after the defendant's written statement is submitted, and
the defendant then has thirty days following receipt of the replication to
submit a rejoinder.
Within the Civil Procedure Code, a replication is the plaintiff's formal written
response to the defendant's written statement. It addresses the defendant's
defences and claims, aiming to clarify the plaintiff's position and narrow the
issues in dispute. A rejoinder, in contrast, is a further response, typically
filed by the defendant to address the plaintiff's replication, often when
counterclaims or further clarifications are needed. Thus, the replication
precedes the rejoinder in the process.
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The Role of Pleadings: In civil litigation, pleadings serve as the foundation of a case. These documents include the plaint, written statement, replication, and rejoinder. The plaint is filed by the plaintiff, and the defendant submits the written statement. Subsequent pleadings, like replication and rejoinder, enable parties to respond to each other's arguments.
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Definition of Replication: A replication is the plaintiff's reply to the defendant's written statement. It offers the plaintiff a chance to clarify, explain, or deny the allegations presented in the defendant's written statement, providing a defence against the defendant's counterclaims.
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Definition of Rejoinder: A rejoinder is a document filed by the defendant after the plaintiff's replication. It serves as the defendant's response to any issues raised in the plaintiff's replication, allowing the defendant to address new facts, arguments, or evidence introduced by the plaintiff.
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Purpose of Replication: Replication is a response by the plaintiff (the party who initiated the lawsuit) to the defendant's written statement. It is used to address new matters or defences raised by the defendant in their response. Replications aim to clarify the defendant's written statement, addressing specific denials or defences. They allow plaintiffs to reassert or prove their original claims in response to the defendant's counterarguments.
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Purpose of Rejoinder: Rejoinder, on the other hand, is a response by the defendant to the plaintiff's replication. It is used to counter any new points or arguments introduced by the plaintiff in the replication. Rejoinders provide the defendant an opportunity to respond to the plaintiff's replication. They challenge new facts, arguments, or evidence presented by the plaintiff, ensuring the defendant's perspective is considered in the case.
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Timing: Replication follows the defendant's written statement. It is the plaintiff's opportunity to reply to the defendant's defences or counterclaims. Rejoinder comes after the plaintiff has filed a replication. It is the defendant's response to the replication.
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Content: In replication, the plaintiff can address any new issues, defences, or counterclaims raised by the defendant. It focuses on rebutting the defendant's claims. Rejoinder allows the defendant to respond to the plaintiff's arguments in the replication. It is used to counter the plaintiff's points and maintain their own position.
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Number of Rounds: In complex cases, there may be additional rounds of pleadings, including sur-rejoinder, sur-sur-rejoinder, and so on. However, in most cases, replication is the first response to the defendant's written statement, and rejoinder follows replication.
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Legal Provisions: The CPC governs the filing of replications and rejoinders through Order 8, Rules 9 and 10. The plaintiff can file a replication after the defendant's written statement, and the defendant can file a rejoinder after the plaintiff's replication.
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Format and Content: Both replications and rejoinders must adhere to the CPC's prescribed format and should not introduce new facts or evidence. Replications should directly address points raised in the written statement, while rejoinders should focus on answering the points raised in the replication.
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Example of Replication: If the defendant denies the plaintiff's claim of property ownership in the written statement, the plaintiff could, in their replication, present documentary evidence (such as a sale deed) to assert their ownership and refute the defendant's defence.
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Example of Rejoinder: In response to the replication, the defendant might file a rejoinder claiming the plaintiff's evidence is forged or improperly registered. The rejoinder aims to disprove the evidence provided in the replication and strengthen the defendant's case.
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Case Laws on Replication and Rejoinder: Although case law on replication and rejoinder is limited, courts have emphasized their importance in ensuring a fair trial process. Instances include R.V.E. Venkatakrishnan v. State of Madras (1954) and Sushil Kumar Agarwal v. Ramesh Chander Agarwal (2006), both of which highlight the need for opportunities to present parties' full cases, including through replication and rejoinder.
Conclusion:
Replication and rejoinder are distinct pleadings in a civil lawsuit, differing
primarily in their sequence and originating party: replication is the
plaintiff's response to the defendant's written statement, whereas rejoinder is
the defendant's response to the plaintiff's replication. This structured
back-and-forth ensures a comprehensive presentation of arguments and
counterarguments before the court, promoting clarity on the contested issues and
paving the way for a fair judgment. Essentially, replication is the plaintiff's
initial reply, and rejoinder is the defendant's subsequent response, together
forming a crucial dialogue in preparing a case for trial, though specific rules
and procedures may vary depending on jurisdiction.
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