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Nit (Learning Law)     02 July 2025

Respondent filed counter affidavit. now petitioner wants to give a detailed reply

Respondent filed counter affidavit. Now Petitioner wants to give a detailed reply in response to the counter. Here my question is...

 

1. The petitioner has to take permission from the court to file reply?

 

2. If the court is not allowed to file reply to counter claim, then petitioner will able to amendment original plaint after counter filed?

 

3. Under which section petitioner able to file reply to the counter claim?

 

4. Is it mandatory to file reply to counter claim?

 

5. In legal terms, What we call petitioner reply to the respondent counter claim? 

 

Can you please answer all the questions which is listed on above in detail.. Thanks in advance..



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     03 July 2025

Filing a counter affidavit by the respondent is the requirement under the provisions of law to record their objection by the respondent to the petitioner's petition.

If the counter affidavit has not been filed by the respoindent then the court will set the respndent 'exparte', hence it is a mandatory requirement. 

If the contents of the counter affidavit is fully false or if there any allegations made against the petitioner, then  a replication can be filed in response to a counter affidavit in a civil case, but only under specific circumstances. 

Generally, a replication is a reply to the defendant's written statement, not the counter affidavit itself.

However, a replication can be filed if the court directs it, if the defendant raises a counterclaim, or if it is required by law. 

1 Like

Dr. J C Vashista (Advocate )     03 July 2025

Q1. The petitioner has to take permission from the court to file reply?  

Ans: As directed by court.

Q2. If the court is not allowed to file reply to counter claim, then petitioner will able to amendment original plaint after counter filed?  

Ans: It is a right of defendant to file counter-claim, if desired. After filing counter-claim no amendment in plaint is permissible

Q3. Under which section petitioner able to file reply to the counter claim?  

Ans: Order VIII Rule 1 CPC

Q4. Is it mandatory to file reply to counter claim?  

Ans. No

Q5. In legal terms, What we call petitioner reply to the respondent counter claim?   

Ans. Counter claim.

Your question paper lacks legal knowledge. 

Seek guidance from a local professor / coach /tutor.

 

1 Like

R.K Nanda (Advocate)     03 July 2025

Hypothetical question, no reply. 


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