Jammu & Kashmir High Court Issues Instructions For Proper Sequencing Of Paragraphs In Replies/ Objections/ Rejoinders [Read Order]

"It has been observed that in majority of the petitions Reply/Objections as well as the Rejoinder so filed, are not prepared in sequence with the serial numbers of the paragraphs forming part of the petition/objections," the Bench comprised of Justice Rajesh Bindal said.

The remarks were made while disposing of a plea pertaining to tender bids. The Court noted that in the reply filed by the opposite part in the present case, only 14 paragraphs on objections were submitted whereas the petition contained 15 paras.

The reason for such discrepancies, the Court noted, is that the Respondents in their objections often respond to more than one paragraph collectively in a single combined para. This often causes difficulty in keeping track of pleadings, which are always to be read with reference to the pleadings in specific para.

To ameliorate this situation, the Court has suggested,

"If the respondents in the Objections/Reply, and for that matter even in the rejoinder by the petitioner, intend to respond to more than one paragraph collectively in a single combined para, in that case proper way is that a combined number is given to the paragraph so that subsequent paras maintain their sequence in consonance with the paras of petition/objections. For example, if para Nos 4-9 are to be responded to collectively, in that case even at the serial number of the paras, 4-9 should be mentioned and not 4 only and then said "in reply to para Nos 4-9"."

It added,

"As a result, para No. 10 of objections/ rejoinder will have response to the same para of the petition, otherwise para No. 5 in the objections will contain response to para No. 10 and so on, disturbing the entire sequence."

Further, with respect to reply on merits, the Court said,

"there can always be Preliminary Submissions/Objections, which can be numbered serial wise Numerically and not Alphabetically, independently, as these are not in response to any specific para of the petition."

The Bench noted that if this system is followed, it will become convenient not only for the members of the Bar to refer to the specific pleadings while arguing the cases but even for the court to appreciate the same.

"This court hopes and expects that in future, pleadings shall be filed in court in this manner," the Bench concluded.

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