Banking

suneetha Jain (Querist) 13 October 2020 This query is : Resolved
Sir, My Query is If opposite party did not file the counter deliberately, what should I do?? Regarding our case related to termination in SBI, SBI is deliberately not filing the counter for the past 03 years (Even after repeated requests to the officials, Bank advocate etc, there was no positive response) Our advocate says that if SBI don't file counter, case cannot be resolved. What should I do?? Is there any way to request the Hon'ble Judge?? Our advocate is saying that bringing the case to the bench is the responsibility of me (client) only. Our advocate says that he will only do arguments. What should I do??

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Quick Summary

If the opposite party, like SBI in this case, deliberately fails to file a counter in a legal matter for years, it can be seen as an admission of the facts presented. Even without a counter, the court can proceed with the case based on its merits. Your advocate can request the court to issue an ex-parte order or proceed based on your claim's merits, as the Civil Procedure Code offers mechanisms for such situations.

K Rajasekharan (Expert) 13 October 2020
Even if the other party does not file the counter the court can proceed with the case based on its merit.

Non submission of the counter means something equivalent to admission of the facts stated in the plaint. Non submission itself is an adverse factor against the other party.

The civil procedure code provides enough mechanisms to the court to proceed with a case even if the other party does not come before the court.

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krishna mohan (Expert) 14 October 2020
Your advocate can seek an order based on merits of your claim. Court also will give time for the SBI file counter. Your advocate can drawn attention of the court to seek exparty order as per your prayers. If you have case no. you can check on line also on status.

P. Venu (Expert) 14 October 2020
The facts posted suggest that your advocate is less than professional, What is the nature of the case - is it a Writ Petition?

Rajendra K Goyal (Expert) 14 October 2020
Court can proceed if the opposite party is not filling counter. Discuss with your lawyer.

suneetha Jain (Querist) 14 October 2020
Thank you Experts for your valuable suggestions. Venu Sir! The Case is Writ Petition only

Rajendra K Goyal (Expert) 15 October 2020
You are welcome, may revert in case of any further question.

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