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Download Word -Guidelines for Drafting a Rejoinder Affidavit Against a Counter Affidavit in the Supreme Court of India:
Purpose: A Rejoinder Affidavit is used in legal proceedings, including those in the Supreme Court of India, to respond to and counter the assertions made in a counter affidavit filed by the opposing party. Here's how to draft one:
Title and Parties: Begin with a clear title indicating it's a Rejoinder Affidavit. Identify the parties involved, including the petitioner, respondent, and the case details.
Introduction: Briefly summarize the background of the case and the context of the counter affidavit you are responding to.
Pointwise Rebuttal: Address each point made in the counter affidavit sequentially. Clearly state whether you accept or deny the allegations, providing reasons and supporting evidence.
Additional Facts: Include any additional facts or evidence that were not covered in your original affidavit but are relevant to your case.
Legal Arguments: Present legal arguments and authorities that support your position and refute the opposing party's claims.
Prayer: Conclude by restating the relief you are seeking from the court in light of your rebuttal.
Common Mistakes to Avoid:
Disorganization: Ensure your rejoinder affidavit follows a clear and organized structure, addressing each point in a systematic manner.
Emotionally Charged Language: Maintain a professional and objective tone throughout the affidavit, avoiding emotional or accusatory language.
Failure to Cite Evidence: Support your rebuttal with documentary evidence, if available, to strengthen your case.
Repetition: Avoid repeating information unnecessarily, and focus on responding to the counter affidavit's specific points.
Non-Compliance: Adhere to the procedural rules and requirements set by the Supreme Court of India for filing affidavits.
Rejoinder affidavits are essential for presenting your side of the case effectively in response to the opposing party's counter affidavit. Seek legal advice to draft the rejoinder affidavit accurately, ensuring that it aligns with the court's rules and procedures.