Writs & Supreme Court

Sur-Rejoinder on Behalf of the Respondent

A Sur-Rejoinder is a pleading filed by the Respondent to address only the new facts or grounds introduced by the Petitioner in their Rejoinder-Affidavit. It does not re-argue the case already made in the Counter-Affidavit but is strictly confined to traversing fresh material.

This document is filed in the Supreme Court or a High Court in proceedings under Article 32, Article 136, or Article 226 of the Constitution of India. It is permitted only with the leave of the court and when the rejoinder raises points not previously dealt with.

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Governing law
Constitution of India, Article 226 / Article 32 / Article 136
Sections
s. Article 226s. Article 32s. Article 136
Filed before
Supreme Court of India / High Court (Writ Jurisdiction)

When this is the right filing

  • When the Petitioner's Rejoinder-Affidavit introduces new facts, documents, or legal grounds not already addressed in your Counter-Affidavit.
  • When you need to deny and put the Petitioner to strict proof regarding the new averments made in the Rejoinder.
  • When you must formally reaffirm the contents of your Counter-Affidavit and demonstrate that the new matter does not warrant the grant of relief.
  • Do not use this document to re-argue, repeat, or elaborate on the submissions already made in the Counter-Affidavit.

What the court looks for

  • A clear statement that the sur-rejoinder is filed strictly in reply to the Petitioner's Rejoinder-Affidavit.
  • A para-wise reply that mirrors the paragraph numbering of the Rejoinder and responds only to new matter.
  • An express reaffirmation of the Counter-Affidavit already on record.
  • A prayer seeking dismissal of the main writ petition or SLP, typically with costs.
  • A valid affidavit and verification sworn by the respondent or an authorized officer, with proper identification of the deponent's designation.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Sur-rejoinder on behalf of the respondent(s)
  2. 2Para-wise reply to the rejoinder-affidavit
  3. 3Reaffirmation
  4. 4Prayer
  5. 5Affidavit
  6. 6Verification
How it opens
1. That I am the Respondent / authorised officer of the Respondent and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.

Bracketed items are filled from your case.

Frequently asked questions

When is a sur-rejoinder permitted instead of simply relying on the counter-affidavit?

A sur-rejoinder is permitted only when the rejoinder-affidavit filed by the petitioner introduces new facts or documents that were not part of the original petition. It is not a matter of right and requires the court's leave, as its sole purpose is to address this fresh material and prevent prejudice to the respondent.

How should the para-wise reply in a sur-rejoinder be structured?

The para-wise reply must strictly follow the paragraph numbering of the Petitioner's Rejoinder-Affidavit, not the Counter-Affidavit. Each paragraph should begin with a phrase like 'That in reply to paragraph N of the Rejoinder, the Respondent states that...' and must only traverse the new averments made therein.

Who can swear the affidavit in support of a sur-rejoinder on behalf of the government?

When the respondent is a statutory authority or the government, the affidavit must be sworn by an authorized officer. The deponent should be clearly identified by their official designation, such as 'Under Secretary to the Government of India', to establish their competence to swear the affidavit on behalf of the entity.

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