Rejoinder filed without any affidavit

mycent (Querist) 04 May 2013 This query is : Resolved
Dear Experts,
Pls guide me in my situation.

1). My opposite party was present in court and is aware of the order passed. But in another petition my opp party is claiming ignorance of the order quoting that he was not present physically & was represented by his advocate thru vakalanama & that his advocate has not communicated the order to him. How can I refute this point of his.

2). Secondly he has filed rejoinder to my petition without any signature or affidavit. Is this acceptable ? If not what should I do ?

Your esteem guidance will be highly obliged.

-mycent

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Devajyoti Barman (Expert) 05 May 2013
1. he can take such plea but eh court would ignore such thing.
2. Such rejoinder shall not be accepted.

mycent (Querist) 05 May 2013
Thx Devajyoti ji.

- Are there any citations or judgements where such thoughts have been expressed that ignorance of order or communication gap of the defendent with his/her lawyer can't be taken as a defence ?

- Is there any clause or section that any rejoinder has to be supported with affidavit ?

-

Devajyoti Barman (Expert) 05 May 2013
Read CPC, it is already there.

mycent (Querist) 05 May 2013
Thx to all experts, specially to Devajyoti ji for his guidance.

-mycent

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