Affidavit filed by advocate clerk of g.p for defendant (govt.side)
Advocate.S.A.Siddiq
(Querist) 30 December 2012
This query is : Resolved
One of a declaration suit , 3,4,5th defendant (Govt Side) set as exparte for non filing of Written statement.
Now 3rd defendant file set aside petition with affidavit ( This petition signed by Govt.Pleader and Affidavit sworn and signed by advocate clerk of G.P) ,
Is this procedure is correct ?
what is the rights of Advocate clerks in this procedure ? please expalin
Nadeem Qureshi
(Expert) 30 December 2012
As per my opinion if the Advocate file set aside application and the ground is that due to clark's mistake or negligence the WS could not be filed within time, the Clark can file the affidavit.
Raj Kumar Makkad
(Expert) 30 December 2012
There is no legal anomaly in the given facts as the proper procedure has been followed..