code of procedure

Guest (Querist) 03 December 2010 This query is : Resolved
In a service matter, If high court issues notice to the respondents and waives off requirement of pleadings as the issue is considered to be short, can it further conduct an investigation in the matter and peruse the records produced by respondents without any counter affidavit and ultimately give negative judgment based on perusal of records only, without according any defence by the petitioner?

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Guest (Querist) 03 December 2010
kindly have a look on this query it's urgent pls.

s.subramanian (Expert) 03 December 2010
Yes. High court can proceed without asking for counter affidavit,if it is satisfied that the records available before it would be suffice to decide the case.

Guest (Querist) 03 December 2010
what if such records are not a part of pleadings ?

Advocate. Arunagiri (Expert) 03 December 2010
When you have filed the records, the same becomes the part of the proceedings. The HC can decide with the documents produced before it by either side of the party.

yogesh (Expert) 04 December 2010
Shri Baburao is specifically asking if no one has filed the records .Can High Court on suo moto ask for filing the records?

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