Respondent not filing counter in Writ Petition?
2 years ago
Dear Sir,
We have filed a writ petition before the High Court in 2016 and sent a notice to the respondent. Our lawyer says that the respondent not filing a counter/affidavit since the petition filed and delaying the matter. The petition no is WP/18182/2016. Kindly suggest a further process in this matter.
A.Dear Sir,
It is too much. You may move application before the same Court for earlier disposal or you may file another application before Hon’ble Chief Justice of the High Court bringing notice of pending Writ Petition since 2016.
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It is too much. You may move application before the same Court for earlier disposal or you may file another application before Hon’ble Chief Justice of the High Court bringing notice of pending Writ Petition since 2016.
Rate me Five Star*
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Agar respondent aap ke dawara dakhil ki gai writ me apna jabab nhi dakhil kar raha hai. Agar usko court dawara bheje gae notice service ho gae haitab aap court ko yah bol sakta hai ki respondent janbhujkar apna jabab dakhil nhi kar raha hai or case ko lamba karna cha raha hai isliye respondent ke khilaf expartee aadesh parit kiya jae. Court case ko expartee kar sakti hai.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As it has not been specified before which High Court this Writ Petition is pending,it is not possible to specify what Order had been passed in the instant matter.
However, when a Writ Petition has been filed and Notice of such filing along with copy of that Writ Petition be served upon the Respondent requesting him to appear before the Hon'ble High Court on a specified date and if on such date the matter be called on and the affidavit of Service has been filed by the Writ Petitioner,then the Respondent through his Lawyer can pray for direction to file Affidavit in Opposition(A/O) and while giving such Order,the Hon'ble Court will specify within which time that A / O have to be affirmed and served upon the Writ Petitioner and Affidavit in Reply by Writ Petitioner within certain period of time and the matter will appear in the list on which date.
Please take note that until and unless the Respondent giving your Lawyer Notice,through mentioning extend such time Period specifying his inability to make that A/O ready,the Hon'ble Court usually don't extend such period, therefore,I am extremely sorry to say that if the Respondent failed to file A/O within the stipulated time,it is the responsibility of your Lawyer to bring the said fact to the notice and knowledge of the Hon'ble Court be it through mentioning praying for enlistment of the Writ matter in the list of the Hon'ble Court for hearing of the same. Please take note that Writ matter can only be delayed if the Writ Petitioner doesn't take appropriate steps as may be advised in law for early hearing of the matter.
However, when a Writ Petition has been filed and Notice of such filing along with copy of that Writ Petition be served upon the Respondent requesting him to appear before the Hon'ble High Court on a specified date and if on such date the matter be called on and the affidavit of Service has been filed by the Writ Petitioner,then the Respondent through his Lawyer can pray for direction to file Affidavit in Opposition(A/O) and while giving such Order,the Hon'ble Court will specify within which time that A / O have to be affirmed and served upon the Writ Petitioner and Affidavit in Reply by Writ Petitioner within certain period of time and the matter will appear in the list on which date.
Please take note that until and unless the Respondent giving your Lawyer Notice,through mentioning extend such time Period specifying his inability to make that A/O ready,the Hon'ble Court usually don't extend such period, therefore,I am extremely sorry to say that if the Respondent failed to file A/O within the stipulated time,it is the responsibility of your Lawyer to bring the said fact to the notice and knowledge of the Hon'ble Court be it through mentioning praying for enlistment of the Writ matter in the list of the Hon'ble Court for hearing of the same. Please take note that Writ matter can only be delayed if the Writ Petitioner doesn't take appropriate steps as may be advised in law for early hearing of the matter.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.hi,
Many High Courts has put in place a new procedure of making it mandatory for respondent in writ petitions to file their counter affidavits within three months of receipt of court notice. Failure to adhere to the time schedule should be explained satisfactorily in the counter affidavits filled belatedly. When the respondent fails to file counter affidavits in time, interim orders are being passed in several cases and in some cases, personal apperance of higher officials may be ordered by the high court.
Thanks.
Many High Courts has put in place a new procedure of making it mandatory for respondent in writ petitions to file their counter affidavits within three months of receipt of court notice. Failure to adhere to the time schedule should be explained satisfactorily in the counter affidavits filled belatedly. When the respondent fails to file counter affidavits in time, interim orders are being passed in several cases and in some cases, personal apperance of higher officials may be ordered by the high court.
Thanks.
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A.hello
now ad days it has been made mandatory in many high courts that the respondent have to submit the counter affidavit within three months receipts of of court notice. And if submitted after that then they have to provide with the reason. Contact your lawyer to what do next.
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now ad days it has been made mandatory in many high courts that the respondent have to submit the counter affidavit within three months receipts of of court notice. And if submitted after that then they have to provide with the reason. Contact your lawyer to what do next.
Thanks
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Vaidehi Samant
Responded 2 years ago
A.Ask your lawyer to bring this issue before the Court and strike off the right of the opposite side to file any written reply or Affidavit in that respect which will definitely affect the case of the opposite side to an extent. Thank you.
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