Additional documents filed with memo

Dr C Suresh (Querist) 13 October 2013 This query is : Resolved
My attorney had filed additional documents in DRAT along with memo instead of Petition. The chairperson took it on record and the other side filed its counter memo.Is it a problem ? Can additional documents be filed only with petition ? If yes then under what provision ?

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 13 October 2013
Additional documents have already been accepted by the Tribunal so your problem has already been solved.

Devajyoti Barman (Expert) 13 October 2013
When it is filed and put in the record, why are you so bothered?
Concentrate in your case than on the provisions of law. It is the job of your lawyer, not yours.

Dr C Suresh (Querist) 14 October 2013
Mr Barman the other side has gone to High Court under 226 to prevent the admission of additional document with memo. That is why I am seeking expert advice from this forum

Thyagarajan (Expert) 14 October 2013
Did High court order issue of notice to your attorney?Under what clause of 226 the case had been filed?

Dr C Suresh (Querist) 14 October 2013
Writ petition under 226 and it was admitted and notices issued

Thyagarajan (Expert) 14 October 2013
Issue of notice does not mean the writ petition is admitted.
The court will hear both councilors and if admission is justified your councilor will be asked to file his counter.
If there is no justification the court can dismiss petition at admission stage itself.
Get to know the status from your attorney.

Dr C Suresh (Querist) 14 October 2013
Mr Thyagarajan, The counter has been filed and defence is as the case was in tribunal it appears that tribunals are not bound by CPC and can make their own procedures.

Thyagarajan (Expert) 14 October 2013
You have to wait for the disposal of Writ.

Rajendra K Goyal (Expert) 14 October 2013
Well advised, nothing more to add.

Sarvesh Kumar Sharma Advocate (Expert) 14 October 2013
ya..... agree

Expert : Thyagarajan

You have to wait for the disposal of Writ.

Devajyoti Barman (Expert) 14 October 2013
The High Court is unlikely to pass order in Writ as Appellate Tribunal not HC has jurisdiction over these matters.
Raise this point in Writ court.

Raj Kumar Makkad (Expert) 14 October 2013
Writ is maintainable but there are no chances of the reversal of the order already passed.

Dr C Suresh (Querist) 15 October 2013
Thank you all very much for sparing your time to guide us

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries