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Bhanu   09 October 2025

Civil dispute in supreme court

Hi All, We have filed an appeal to Supreme court. Court ordered to serve notice to respondents. They recieved notice and filed wakalatnama but still not filed counter affidavit. Court has given many opportunity for them to file counter affidavit. inspite of giving several opportunity to respondent by the supreme court had rejected the opportunity to file counter affidavit around 2-3 times to respondant. 1) will the supreme court gives further opportunity to respondent to file counter affidavit one more time? 2) will the court accepts such counter affidavit of respondents which is not filed in due time. 3) Is there any Supreme court Judgement for not accepting the counter affidavit of respondants.


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     09 October 2025

If the supreme court has passed an order closing the opportunity given to the respondent for filing their counter affidavit then they may not be permitted to file it again unless there's any exceptional and exclusive reason pleaded by them for not filing it on time.

However the respondent may be permitted to participate in the proceedings because they have already filed vakalatnama hence they can present their final arguments.

R.K Nanda (Advocate)     09 October 2025

The discretion is totally with SC .it can allow or reject filing of counter affidavit of respondents. 

kavksatyanarayana (subregistrar/supdt.(retired))     09 October 2025

Yes.  It is the discretion of the SC to allow or reject the counter affidavit.

Dr. J C Vashista (Advocate )     10 October 2025

The matter is being listed before Registrar Supreme Court for comletion of pleading, isn't it?

Generally the Registrar gives 2 opportunities to the respondent(s), which can further be denied if objected by the petitioner / appellant.

However, there is no hard and fast rule as to how many opportunities shall be granted by the Court for filing counter affidavit.

What is the opinion and advise of the Sr Advocate / AoR / lawyer appointed by the petitioner / appellant in the instant case and what is your locus standi ??

P. Venu (Advocate)     10 October 2025

Yes, the Supreme Court has absolute discretion. It is too hasty for this forum to give any suggestion.


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