Rejoinder Affidavit Format for Supreme Court of India

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO. _____ OF 20__

IN THE MATTER OF:

______________________________    ...PETITIONER(S)

VERSUS

______________________________    ...RESPONDENT(S)

REJOINDER AFFIDAVIT ON BEHALF OF THE PETITIONER(S) TO THE COUNTER AFFIDAVIT FILED BY RESPONDENT NO(S). ____

I, ________________________, aged about ____ years, son/daughter/wife of ________________________, presently residing at ________________________, do hereby solemnly affirm and state as follows:

1. I am the Petitioner No. ____ in the above Special Leave Petition and am well acquainted with the facts and circumstances of the case. I am competent and duly authorised to swear this rejoinder affidavit on behalf of the Petitioner(s).

2. I have read the counter affidavit filed on behalf of Respondent No(s). _____. Save and except what is specifically admitted herein, the allegations, submissions and averments in the counter affidavit that are contrary to or inconsistent with the Special Leave Petition are denied.

3. The contents of the Special Leave Petition, synopsis, list of dates and accompanying applications are reiterated and may be read as part of this rejoinder to the extent necessary. Nothing stated in the counter affidavit should be treated as admitted merely because it is not separately reproduced herein.

PRELIMINARY SUBMISSIONS

4. At the outset, it is submitted that the counter affidavit does not answer the material grounds raised by the Petitioner(s), particularly [briefly identify the principal unanswered issue].

5. The Respondent's contention that [state the contention accurately] is denied. The correct factual and legal position is that [state concise reply with reference to the existing record].

6. The reliance placed by the Respondent on [judgment/document/rule] is misplaced and distinguishable because [brief grounds of distinction].

PARA-WISE REPLY TO THE COUNTER AFFIDAVIT

7. In reply to paragraph ____ of the counter affidavit, it is submitted that ________________________________________.

8. In reply to paragraph ____ of the counter affidavit, the averments are denied. It is reiterated that ________________________________________.

9. In reply to paragraph ____ of the counter affidavit, it is submitted that the document relied upon by the Respondent does not support the proposition asserted because ________________________________________.

REPLY ON MERITS

10. Without prejudice to the preliminary submissions above, the Petitioner(s) reiterate the questions of law and grounds raised in the Special Leave Petition. The counter affidavit does not dislodge the grounds on which special leave has been sought.

11. The Petitioner(s) respectfully submit that [state the principal legal submission arising from the counter].

12. Any subsequent fact or document referred to in this rejoinder is being placed only in accordance with the applicable Rules and orders of this Hon'ble Court and, where required, subject to appropriate permission.

13. No admission is intended except to the extent expressly stated in this rejoinder affidavit.

14. In view of the facts and submissions stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to reject the objections raised in the counter affidavit and grant the reliefs sought in the Special Leave Petition, together with such other order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.

DEPONENT

VERIFICATION

I, the above-named Deponent, do hereby verify that the contents of paragraphs 1 to ____ are true and correct to my knowledge, paragraphs ____ to ____ are based on records and legal advice believed by me to be true, and nothing material has been concealed therefrom.

Verified at ______________ on this ____ day of __________, 20__.

DEPONENT