Legal Glossary · Court Documents
Rejoinder: Meaning, Explained Simply (2026)
A rejoinder is the petitioner's reply to the respondent's counter-affidavit. After the petitioner files a petition and the respondent answers it by a counter-affidavit, the petitioner may be allowed to file a rejoinder to deal with the new points the respondent has raised. It is a reply to a reply, and it is kept to that purpose; it is not a second petition. This page explains what a rejoinder means in plain words, when it is filed, what it should and should not contain, a short Indian example, and how it differs from a counter-affidavit and a written statement. This is general information, last verified October 2026, and not legal advice.
- Meaning: the petitioner's reply to the respondent's counter-affidavit, limited to the new points.
- Who files it: the petitioner or plaintiff, usually with the court's permission.
- Form in writs: a rejoinder affidavit, verified and attested on oath.
- Should not: start a new case, repeat the petition, or raise fresh reliefs.
- Order of play: petition, then counter-affidavit, then rejoinder.
01What a rejoinder is
A rejoinder is the reply that the petitioner or plaintiff files to answer the new points raised in the other side's counter-affidavit or written statement. It is limited to responding to that reply and is not a chance to start a fresh case. In affidavit matters it is filed as a rejoinder affidavit.
Think of it as the third step in a conversation on paper. The petitioner speaks first in the petition. The respondent answers in the counter-affidavit. The rejoinder is the petitioner's turn again, but only to meet what the respondent has newly said. For the base document, see our note on the meaning of an affidavit.
A rejoinder is a reply to a reply. Its job is to answer the new points in the counter-affidavit, not to re-argue the whole petition.
02When a rejoinder is filed
A rejoinder is filed after the respondent has filed a counter-affidavit, and only if the court permits it. It is common in writ petitions and in applications decided on affidavits, where the sequence usually runs:
- Petition or application: filed by the petitioner, with a supporting affidavit.
- Counter-affidavit: filed by the respondent in reply.
- Rejoinder: filed by the petitioner to answer the new points in the counter-affidavit.
A rejoinder is not filed automatically in every matter. The court decides whether it is needed and often fixes a time for it. If the counter-affidavit raises no new facts, a rejoinder may not be necessary at all.
03What a rejoinder should and should not contain
A rejoinder is most useful when it is focused.
It should:
- Deal with the new facts and pleas raised in the counter-affidavit.
- Deny or explain those new points specifically, paragraph by paragraph.
- Reaffirm the key facts of the petition where the counter-affidavit has disputed them.
- Be verified and attested on oath like any affidavit.
It should not:
- Introduce a brand new case that was not in the petition.
- Simply repeat the petition word for word.
- Raise fresh reliefs that belong in an amendment or a separate application.
Affidavits in civil matters are guided by Order XIX of the Code of Civil Procedure, 1908 and by the rules of the court concerned, and different courts have their own practice on rejoinders.
04A simple Indian example
Suppose a person files a writ petition challenging a transfer order, supported by an affidavit. The department files a counter-affidavit and, for the first time, claims that the petitioner had accepted the transfer and joined the new post.
That is a new factual point. The petitioner files a rejoinder affidavit to answer it, stating that the joining was under protest and attaching the protest letter. The rejoinder sticks to meeting this new claim; it does not re-argue the entire petition or raise a new ground. That focus is exactly what a rejoinder is for.
05Rejoinder vs counter-affidavit vs written statement
These three are steps in the paper exchange, filed by different parties.
| Document | Who files it | What it does |
|---|---|---|
| Counter-affidavit | Respondent / opposite party | Answers the petition or affidavit on oath |
| Rejoinder | Petitioner | Replies to the new points in the counter-affidavit |
| Written statement | Defendant in a civil suit | The formal defence to a plaint in a regular suit |
So in an affidavit matter the order is petition, then counter-affidavit, then rejoinder. A written statement belongs to a regular civil suit started by a plaint, where the defendant's reply is the written statement, and the plaintiff's reply to that is sometimes called a replication or rejoinder depending on the court's practice.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A reader who wants to see how courts have actually treated rejoinders, for example whether a new plea taken only in rejoinder was allowed, can look up those judgments on Claw. Claw searches across 30 crore+ judgments from 9,102 courts, benches and forums, with results in under 5 seconds, and its Legal GPT helps you find how courts have applied a point. Coverage runs from the Supreme Court since 1950 and High Courts since 1990. Claw does not train on customer documents. You can create a FREE Claw account to study the case law behind the term. Claw is a research tool, not a substitute for advice from your own advocate.
07Sources and further reading
Check the current text of the law before relying on it:
- India Code (official text of the Code of Civil Procedure, 1908, including Order XIX): indiacode.nic.in
- Supreme Court of India (official rules and judgments): sci.gov.in
- Claw: clawlaw.in
This page is general information, last verified October 2026, and is not legal advice. Practice on rejoinders differs by court, so follow the rules of the court you are filing in.
08Frequently asked questions
What is a rejoinder in court?
A rejoinder is the reply that the petitioner or plaintiff files to answer the new points raised in the other side's counter-affidavit or written statement. It is limited to responding to that reply and is not a chance to start a fresh case. In affidavit matters it is filed as a rejoinder affidavit.
What is a rejoinder affidavit?
A rejoinder affidavit is the sworn document the petitioner files in a writ petition or application to reply to the respondent's counter-affidavit. It answers the new facts and pleas in the counter-affidavit, is verified, and is attested before a notary or authorised officer.
Who files a rejoinder?
The petitioner or plaintiff files the rejoinder, usually after the respondent has filed a counter-affidavit and the court has permitted a reply. It is the original party's second turn in the paper exchange.
What should a rejoinder contain?
A rejoinder should deal with the new facts and pleas raised in the counter-affidavit, deny or explain them specifically, and reaffirm the key facts of the petition where disputed. It should not start a new case, simply repeat the petition, or raise fresh reliefs.
Is a rejoinder compulsory?
No. A rejoinder is filed only if the court permits it and usually only where the counter-affidavit raises new points that need an answer. If no new facts are raised, a rejoinder may not be necessary.
What is the difference between a rejoinder and a counter-affidavit?
A counter-affidavit is filed by the respondent to answer the petition. A rejoinder is filed by the petitioner to reply to the new points raised in that counter-affidavit. The counter-affidavit comes first, and the rejoinder follows it.