Notice before filing chief affidavit

Hello Rajesh,

Serving of notice to other side is mandatory, it applies to both the parties equally.

There is no provision as of not serving any document to other side. You being party-in-person either try serving to opposite party or to his/her counsel on record.

you can call for further assistance.

Rajesh Kulkarni

Advocate

Hyderabad

+91-7799116901

Thank you sir. Presuming that i sent the chief affidavit to opposite parties or the counsel for opposite parties by registered post and submit 3 copies of same affidavit along with the acknowledgement to the consumer forum....Later what if the counsel/opposite parties allege before the consumer forum that they haven't got received any chief affidavit from me and instead they got blank papers by post. wouldn't it be more appropriate had the consumer forum served the submitted copies to opposite parties/counsel by post. This way it is more authenticated and there won't be any confusion later. i understand that sufficient funds are not being allocated to consumer forums but consumers would be ready to bear the postage.

To be honest this whole procedure of serving notice for each and every submission of documents doesn't make any sense to me. When a counsel files vakalat before a forum stating that he/she is going to represent a particular party or a petitioner files a complaint in consumer forum, doesn't it become a bind over on both parties to keep track of the status of the case they are dealing (given the online case monitoring system and computerization)? This way counsel or the petitioner can submit/collect each other documents to/from the forum independently.

Originally posted by : Rajesh Kulkarni
	Hello Rajesh, Serving of notice to other side is mandatory, it applies to both the parties equally. There is no provision as of not serving any document to other side. You being party-in-person either try serving to opposite party or to his/her counsel on record. you can call for further assistance.   Rajesh Kulkarni Advocate Hyderabad +91-7799116901

Rajesh,

Its your case, burden is on you to prove your case and as far as serving notices is concerned its must.

You can take permission from Hon'ble Forum to send your chief or any documents through R.P.A.D without such permission you cannot by your self send those papers of yours by post.

And with regard to procedural aspect as already said its the same to both the parties..... so equal standing is given to both the parties....... IN THAT REGARD procedural aspect makes SENSE.

You can also directly visit to other side counsel's office and if they reject accepting..... report the same before Forum.

But without permission of Forum you cannot send papers concerned to your case through R.P.A.D

Rajesh Kulkarni

Advocate 

Hyderabad 

+91-7799116901

its a normal practice to serve every document submitting to court first you have to give to your opposite party because even he should be aware of the facts of the case and contest it firmly and court would treat it to give orders