Upgrad LLM

can one bypass law, court registry & give reply by hand?

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* Can following be bypassed:

  - Mandatory rule: Opposite party should be served with copy of reply well before the court proceeding.

  - Mandatory rule: Reply should be filed with court registry along with proof of having served it on other party.

* Can a party bypass both mandatory rules above and give reply to court in court by hand? (This has led to false affidavit). Judge blindly accepted it and gave order!!!!

* Now what to do?

 

 
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propra

 proof of having served it on other party???

 

 

................ Would you please elaborate it? How this may have happened.

 

 

 

 

Procedure are as follows in general:-

 

Reply is filed in court and

Reply is to be given to the concerned authority or bench clerk and

bench clerk also asks a photocopy per number of opposite parties

copies of it to be served to the other party by the bench clerk.

 

Unless copy isn't served and recorded accordingly, court may not pass order on ot. Ofcourse it may reject the application and in that case copy of the application need not be served to other party.

E.g. prayer for filing written Args, if court rejects the the application on the face of it, it doesn't matter if it was served a copy to opposite party.

Then bench clerk gives exh number and also puts remarks as filed and puts it before court to make further orders such as R & R  or   filed  or  admitted  or  allowed etc etc

 

 

This basic due process must be adhered and and it is a part of fair trial!!!

 

 

And then examination of parties as first heanring happens etc etc etc.....

 

 

Copy of Affidavit may not be given to other party as it is supporting affidavit of the application.

To get copy opposite party has to apply for the certified copy.

 

 

 


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advocate

If its an adverse order, make an application for setting aside the same showing the illegal acts done by the other side before the same court. Thereafter file a complaint against both if the application is not allowed. But u should be able to show that u r prejudiced by the said act of the judge and the other side.

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