Time limit to file counter affidavit/counter reply


Respected Members,

I have filed a Writ Petition (Petitioner in Person) before the Hon'ble High Court of MP, which was admitted on 23/01/2014 and it was ordered by the Hon'ble HC : "Admitted.  Counsel for the respondents appeared and takes notices on behalf of respondents.  Petitioner will serve four copies of the petition on the counsel for the respondents.  List the matter for final hearing after pleadings are completed".

In compliance of the aforesaid order, I had served four copies on the counsel for the respondent and filed the copy of acknowledgement given by the Counsel of the respondents through an application.

Now, even after expiry of 166 days from the date of admission of aforesaid WP, the respondents have neither filed their Counter Affidavit/Counter Reply nor any application have been filed with a prayer to allow some more time for the same.  The High Court of Madhya Pradesh Rules 2008 do not provide any time-limit for filing counter affidavit/reply.

The provisions of Order VIII were amended by the legislature (Amendment 2002), which reads as follows :

"1. The defendant shall, within thirty days from the date of service of service of summons on him, present a written statement of his defence :

provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall be not latter than ninety days from the date of service of summons."

In these circumstances, I request the respected members kindly to guide me accordingly.  What should I do now ?

Advocate Supreme Court of India

Dear Friend 

You have to request the Court to proceed without the Counter. Your advocate need to be assertive in the Court. 



Advocate, Supreme Court of India


Total likes : 1 times




Thank you Sir ! 




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