Effect of Very Late Filing of Counter
4 months ago
My false criminal case of stayed by the High Court in 2019. But the opposite party had not filed the Counter for more than 4 years. Then on 27th January, 2023 High Court passed the following order:
"Learned counsel for the applicant and learned counsel for
opposite party no.2 are present.
Counter affidavit has not been filed yet.
As a last opportunity, two weeks time is granted to learned
counsel for opposite party no.2 to file counter affidavit.
Rejoinder affidavit be within a week thereafter.
List on 24.02.2023.
Interim order, if any, is extended till the next date of listing."
Now after month's they have filed the Counter on 16th October, 2023.
My question is: Will this Counter is admissible in Court? Will any provisions of Limitation Act apply on it? Is trhere any case law of Hon'ble Supreme Court or High Court in this regard?
A.Dear Sir,
There is no provision of limitation Act applies for filing counter claim. The Hon’ble Court itself given last opportunity to file counter as such it was filed and you are suppose to file your rejoinder Affidavit if any. The case is already under stay before the Trial Court you need not worry about it. If quashing petition is not allowed in your favour then you have to face the trial.
There is no provision of limitation Act applies for filing counter claim. The Hon’ble Court itself given last opportunity to file counter as such it was filed and you are suppose to file your rejoinder Affidavit if any. The case is already under stay before the Trial Court you need not worry about it. If quashing petition is not allowed in your favour then you have to face the trial.
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A.Dear Client,
On perusal of the contents of your query, responses are hereby given to your specific queries. Q.No.1) Will this Counter is admissible in Court? Response: - Since OP No.2 was given the last opportunity to file a Counter Affidavit within two weeks from the date of the order dated 27/01/2023 to the next date of hearing fixed on 24/02/2023, the Counter Affidavit filed by OP No.2 on 23/10/2023 should not be allowed by the Court being contrary to the Court's order and in case it is allowed, the appellant should vehemently place his objection in course of admission of CA. Based on the merit of your objection and the direction made in the last order of the Court allowing OP No.2 to file the CA further opportunity shall be declined and accordingly when the counter-affidavit is not filed within the extended time, the case should be listed for hearing without counter-affidavit. Q. No.2) Will any provisions of the Limitation Act apply on it? Response:- Many High Courts have 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. If the counter-affidavit is not filed within three months or within the extended time, the case should be listed for hearing without a counter-affidavit. Q.No.3) Is there any case law of the Hon'ble Supreme Court or High Court in this regard? Response:- In the context order dated 25/11/2022 passed in SLP (CIVIL) No. 12448 OF 2022 case of MURTI DEVI AND OTHERS Versus THE STATE OF UTTAR PRADESH AND OTHERS may be referred. Further, You may move an application before the same Court for earlier disposal or you may file another application before the Hon’ble Chief Justice of the High Court praying for early disposal of the pending Writ Petition.
On perusal of the contents of your query, responses are hereby given to your specific queries. Q.No.1) Will this Counter is admissible in Court? Response: - Since OP No.2 was given the last opportunity to file a Counter Affidavit within two weeks from the date of the order dated 27/01/2023 to the next date of hearing fixed on 24/02/2023, the Counter Affidavit filed by OP No.2 on 23/10/2023 should not be allowed by the Court being contrary to the Court's order and in case it is allowed, the appellant should vehemently place his objection in course of admission of CA. Based on the merit of your objection and the direction made in the last order of the Court allowing OP No.2 to file the CA further opportunity shall be declined and accordingly when the counter-affidavit is not filed within the extended time, the case should be listed for hearing without counter-affidavit. Q. No.2) Will any provisions of the Limitation Act apply on it? Response:- Many High Courts have 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. If the counter-affidavit is not filed within three months or within the extended time, the case should be listed for hearing without a counter-affidavit. Q.No.3) Is there any case law of the Hon'ble Supreme Court or High Court in this regard? Response:- In the context order dated 25/11/2022 passed in SLP (CIVIL) No. 12448 OF 2022 case of MURTI DEVI AND OTHERS Versus THE STATE OF UTTAR PRADESH AND OTHERS may be referred. Further, You may move an application before the same Court for earlier disposal or you may file another application before the Hon’ble Chief Justice of the High Court praying for early disposal of the pending Writ Petition.
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A.Dear Client,
The admissibility of the counter filed after a significant delay may depend on the rules and procedures of the specific jurisdiction and the circumstances surrounding the case. In general, courts may consider the reason for the delay and whether it prejudices the other party. The Limitation Act may not directly apply to counter affidavits in the same way it does to initiating legal actions, but courts often assess the timeliness of submissions.
To determine the admissibility and potential impact of the delayed counter, it's crucial to consult with your legal counsel. They can provide specific advice based on the applicable laws and any relevant case law from the Hon'ble Supreme Court or High Court that may guide the court's decision in similar situations. Your legal representative can evaluate the specifics of your case and argue for or against the admissibility of the counter, taking into account the circumstances leading to the delay.
The admissibility of the counter filed after a significant delay may depend on the rules and procedures of the specific jurisdiction and the circumstances surrounding the case. In general, courts may consider the reason for the delay and whether it prejudices the other party. The Limitation Act may not directly apply to counter affidavits in the same way it does to initiating legal actions, but courts often assess the timeliness of submissions.
To determine the admissibility and potential impact of the delayed counter, it's crucial to consult with your legal counsel. They can provide specific advice based on the applicable laws and any relevant case law from the Hon'ble Supreme Court or High Court that may guide the court's decision in similar situations. Your legal representative can evaluate the specifics of your case and argue for or against the admissibility of the counter, taking into account the circumstances leading to the delay.
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