(Querist) 24 December 2021
This query is : Open
Dear Expert, In my property case which I filed partition suit in Senior Division City Civil court just 6 month back. In that while filling suit, we filed temp. injunction application for not creating Third party interest and any kind of construction for maintaining status-quo. Now opposite party filed there written statement. After filing written statement on next date opposite party filed one affidavit. Now due to judge retired case is pending for transfer, so we got some time.
When we ask court clerk they said word for affidavit something undertaking and statement made in this affidavit is false, as we have proof for this. We want to oppose this affidavit and want to reject this affidavit as we want to get accept the temp.inj. application, hence we are thinking of counter affidavit.
I want to know, what is counter affidavit and will it be come under any CPC provision. Will counter affidavit Allowed to submit in Senior Division Civil court. Is any other provision to reject or refuse this fake affidavit.
Currently case is pending for temp. injunction application.
Will counter affidavit help to oppose this opponent affidavit or any other way that we oppose this affidavit.
(Expert) 25 December 2021
You cannot depend on the words of a clerk. You ask your own counsel(who is dealing with your case).
(Querist) 27 December 2021
Dear Expert, I am not depending on words of clerks. The counter affidavit is said by junior counsel and not by clerk. Respected Experts, Please provide some information regarding counter affidavit and Is counter affidavit really allowed to submit in Senior Division Civil court?