Affidavit

anil (Querist) 07 November 2021 This query is : Resolved
Dear Expert,
I want to know about counter affidavit.

In my property case which I filed for get divide my property in Senior Division City Civil court.
opposite party filed one affidavit. He make false statement in it.

To oppose this affidavit, we come to know counter affidavit.
Is there any CPC provision to submit counter affidavit in senior division civil court.

Will counter affidavit allowed to submit in senior division civil court.
Will counter affidavit help to oppose this affidavit or any other way that we oppose this affidavit.

Is any provision to reject or refuse affidavit.

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Quick Summary

This discussion revolves around a property partition case where the opposing party has filed an affidavit containing false statements. The user is seeking information on whether a 'counter affidavit' can be submitted in a Senior Division Civil Court in Mumbai, Maharashtra, to challenge the false claims. They are also looking for specific CPC provisions that might allow for this or other methods to oppose the affidavit. The advice given suggests consulting a local lawyer for proper procedure and preparation, as the information provided by the user is somewhat vague.

kavksatyanarayana (Expert) 08 November 2021
You shall file a counter affidavit in court. So it is better to consult a local lawyer to prepare the same and to file it in the court if you are ready to pay his fees.

anil (Querist) 08 November 2021
Respected Sir,
Thank you Sir for the help.
My case is running in Mumbai, Maharashtra.

Can we allowed to submit counter affidavit in senior division civil court.
Kindly provide us CPC provision if any applicable to submit counter affidavit.

P. Venu (Expert) 09 November 2021
It appears that you have a civil suit for partition. And the defendant(s) have filed the Written Statement. Please confirm.

Dr J C Vashista (Expert) 09 November 2021
Counter claim shall be instituted by the defendant under the provision of order VIII Rule 6 CPC through his / her lawyer.

anil (Querist) 09 November 2021
Sir, They already filed Written Statement with its Affidavit previous date.

on next date they filed this Affidavit. When we ask court clerk they said word for affidavit something undertaking. And statement made in this affidavit is false, as we have proof. we want to oppose this affidavit. so thinking of counter affidavit. But confusion, Is counter affidavit allowed to submit in senior division civil court or not and need help for CPC provision if any applicable for this.

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P. Venu (Expert) 10 November 2021
What is the Case No.? Which Court? What is the present stage of the matter - has the pleadings been completed and issues framed? Is the affidavit filed in lieu of Examination-in-chief?

Dr J C Vashista (Expert) 11 November 2021
@Anil,
Your query and facts posted are mismatching, confusing and vague
Consult your lawyer.

anil (Querist) 13 November 2021
Respected Sir,
Our case is filed 6 mnth back and our turtaturt manai(temp injunction) application hearing is going on. Case is running in Panavel Navi Mumbai, Mumbai court.
Still initial stage is going on.

P. Venu (Expert) 13 November 2021
Any meaningful suggestion is impossible when you are posting information in bits and pieces and withholding substantial and material information.

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