Difference between counter affidavit and affidavit for evide
Bhumika
(Querist) 29 December 2018
This query is : Resolved
After instituting the suit, Matter is pending before the court for hearing of interim injunction exh.5.
Defendants has been filed their written objections.
Now I heared from my senior that after filing of the objections plaintiff can file counter affidavit.
My question is
1.What is the counter affidavit exactly?
2.If there is a difference between counter affidavit and affidavit in evidence stage?
3.What is the difference if both are not same?
4.After counter affidavit and interim order. 5.when a counter affidavit is already filed. Can I file the further affidavit in evidence stage?
Dr J C Vashista
(Expert) 30 December 2018
@ Bhumika,
On receipt of plaint the defendants will file their written statement containing objections and reply, no separate objection shall be moved as stated by you.
Replication to the written statement shall be filed (optional) by plaintiff, if the plaintiff find something relevant and "new" to the case.
Evidence by way of affidavit is totally different connotation to counter- affidavit.
You have misconceived the law / procedure / definitions.
Approach your senior for proper guidance.
Best wishes.
