Writs & Supreme Court

Rejoinder-Affidavit on Behalf of the Petitioner

A Rejoinder-Affidavit is the petitioner's formal reply to the new matters raised in the respondent's Counter-Affidavit. It is the final pleading that allows the petitioner to traverse and deny the respondent's version of facts before the matter is heard.

This document is filed in the Supreme Court under Article 32 or Article 136, or in a High Court under Article 226 of the Constitution of India. It is sworn by the petitioner or an authorised representative and must strictly confine itself to responding to the counter-affidavit without introducing a new case.

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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 respondent has filed a counter-affidavit that raises new factual allegations or documents that require a specific denial or clarification.
  • To place the petitioner's response to each paragraph of the counter-affidavit on record before the court lists the matter for hearing.
  • When the petitioner needs to reaffirm the original case and demonstrate that the counter-affidavit does not warrant a departure from the relief sought.
  • Do not use a rejoinder-affidavit to amend the original writ petition or SLP, or to introduce a new cause of action.

What the court looks for

  • A strict para-wise traversal that mirrors the paragraph numbering of the respondent's counter-affidavit.
  • Clear and specific denials or explanations for each new fact introduced by the respondent.
  • A reaffirmation that the original petition's averments remain true and that the counter-affidavit raises no material requiring a change in the case.
  • A prayer seeking the listing of the matter for hearing or the granting of the main relief.

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. 1Rejoinder-affidavit on behalf of the petitioner
  2. 2Para-wise reply to the counter-affidavit
  3. 3Reaffirmation
  4. 4Prayer
  5. 5Affidavit
  6. 6Verification
How it opens
1. That I am the Petitioner / deponent 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

Can I introduce new grounds or documents with the rejoinder-affidavit?

No. A rejoinder-affidavit is strictly a reply to the counter-affidavit and cannot be used to introduce a new case or amend the original petition. If new documents are necessary to rebut the counter-affidavit, they are typically filed as annexures marked with the 'RA-n' series.

What is the difference between a rejoinder-affidavit and an additional affidavit?

A rejoinder-affidavit is a specific reply to the respondent's counter-affidavit. An additional affidavit is generally filed to bring new facts or documents to the court's notice that were not part of the original pleadings, often with the court's permission.

Who must swear the rejoinder-affidavit?

The rejoinder-affidavit must be sworn by the petitioner. If the petitioner is a company or an entity, it is sworn by an authorised representative who is conversant with the facts of the case.

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