Importance of verification and affidavit if defence replies

JAIME (Querist) 21 July 2012 This query is : Resolved
Sir,
My lawyer filed a reply on my behalf against an Application for Mundkar pertaining to my property but did not have the reply verified and sworn on oath vide Affidavit from me that the contents are true. In this regards will such a reply be valid in Court and after the departure of the same Advocate can I at the earliest stage obtain permission from concerned Court to file my verification with affidavit in the said reply. Thanks your advice.

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adv. rajeev ( rajoo ) (Expert) 21 July 2012
If there is no verification affidavit, reply will be discarded, so with the permission of the court file an affidavit immediately.

R.K Nanda (Expert) 21 July 2012
1.No, such reply will be dismissed by court.

2.Pray orally to court to grant said

permission to u at the earliest.

JAIME (Querist) 24 July 2012
In a case of Illegal encroachment and construction of an illegal compound wall by an opponent in my property which after my complaint the opponent applied for stay against demolition order before Addl. Dir Panchayats. Appellant No 2 passed away the LRs filed an application after the expire of Limitation Period to be brought on record and continue the case. Contents of my reply that I have quoted here will it hold ground to dismiss their application? "May it please Your Honor,
The Intervener above named states and submits as follows:-
1. That Application to bring LRs on Record executed on 25th April 2012 by Applicant is barred by Article 120 of Limitation Act 1963.
2. That Code of Civil Procedure O, 22, R. 3 sub rule (2) states that Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned.
3. Contents of Memo for Condonation Delay is Frivolous, devoid of merits and does not come under the ambient of S.5 of the Limitation Act 1963. It is pertinent to note here that the submitted Death Certificate of Appellant No. 2 is issued on 26/03/12 a date scheduled to hearing/filing of reply of Appellants an opportunity available prior to expire of Limitation Period but neglected to file the same before this Hon’ble Authority with application to bring LRs on record.

The Intervener therefore prays:
a. That the Application to bring LRs on record be dismissed.
b. That the name of Appellant No. 2 be abated from the present Appeal.
c. Any Order deemed fit and proper.

Advocate for Appellant.

My previous lawyer is in favor of allowing the LRs to come on record but I object, Can I submit this reply without the need of a Lawyer with the necessary changes will I need to sweare and Affidavit to submit such replies. Thanks very much for advice.