Difference Between The Words “rejoinder” And “replication” Used In Civil Litigations.

The words “Replication” and “Rejoinder” are often intermingled during proceedings before the Courts. Basically, “Replication” is filed by the Plaintiff (the person who files a Suit before Court of Law) in reply to the Written Statement filed by the Defendant/ Opponent (the person who is defending the Suit) whereas “Rejoinder” is filed in reply, to the reply filed by any of the parties to an application. Though, there is no provision of filing rejoinder or a replication under the provision of Code of Civil Procedure, 1908 (CPC) which governs the procedure for proceedings in a Civil Suit and a replication/rejoinder can be filed after seeking permission from the Court. However, in general practice, replication/rejoinder are filed without seeking any permission from the court. It is clarified that filing replication/rejoinder is not a statutory right of the parties to the proceedings under law. Once, replication is accepted/ allowed by the court and the same is taken on record, it forms part of the pleadings in a Suit.