Writ filed before high court of madras

Vasudevan (Querist) 28 September 2023 This query is : Resolved
Writ Petition has been filed by the department challenging the order of the CAT Bench, Chennai. I had been informed by the department through Advocate's Notice in Feb.2023. I had filed a WMP requesting the High Court to appear myself as party in person. Thereafter, the case was not listed by the High Court. I have not been served with the Respondent's copy of the paper book filed by the Petitioner till date. I had written letters to both the Registrar and the Petitioner's Advocate to serve the paper book which ended in vain. Now I got a soft copy of the Affidavit filed by the department. Whether I can file the counter affidavit based on the soft copy of the Affidavit filed by the Petitioner. Whether I have to pray for condonation of delay in filing the counter affidavit as it is 6 months late by means of separate petition. Whether the reason for not getting the petitioner booklet is a valid ground delay. Please enlight me the meaning of term 'rule nisi'. Thanks to all Learned Experts in anticipation.

Follow Query

Report Abuse

T. Kalaiselvan, Advocate (Expert) 29 September 2023
Since you could not get the copy of the petition or the copy of the grounds of appeal then you can file the counter objections/affidavit by stating that you could not get the copy despite requesting for a copy.

Dr. J C Vashista (Expert) 29 September 2023
In order to know factual position qua response (counter affidavit) filed by respondent you / your counsel must inspect judicial file and obtain certified or uncertified copy as per High Court Rules.

Vasudevan (Querist) 30 September 2023
Much obliged by the response of Learned Expert Shri T. Kalaiselvan. Respected Learned Expert Dr. J.C. Vashista, as I am appearing as Party In Person, I can't deploy my counsel. However, I shall try to get the certified copies of the documents as advised by you. Once again thanks to the Learned Experts who are responded to my query.