(Querist) 02 September 2015
This query is : Resolved
My father and his only one younger brother were made partition on 1989 with unregistred partition deed.
after some time later my father younger brother is interfering the our share of properties.
so my father filed a civil suit in district munsif court and ask permenant injunction against his younger brother.
The district munsiff court awarded the permenant injunction that the younger brother and men were restrained by means of permenant injunction in possession and enjoyment of my father share of properties
the younger brother filed appeal in Sub-court there his appeal dismissed.
Now he has filed in High Court for Second appeal . the second appeal is pending.
In this stage, is it necessary to file counter affidavit in favour of our side.
Our Advocate told when the Second appeal copmming for trial then we can oraly argue in the court no need to file the counter.
but i like to file counter affidavit in favour of us. because we have some supportive judgments and points are there.
so kindly guide me which one is good .
1) filing counter affidavit is good for us ?
2) is it possible to file counter affidavit when the case is pending or other wise we have to submit only on the time of trial?