Rejoinder to the reply
yogesh
(Querist) 05 February 2013
This query is : Resolved
Sir, In one of my personal criminal case (498-A)I have filed CRMM-M before the High Court of Chandigarh by making the complainant as party to the case along with the state
The state has not filed the reply but the complianant has filed the reply (which is still not on records)and invented new poisonous allegations against me
I want to give counter reply in respect to his baseless alegations by the way of rejoinder affidavit and in addition to this I want to adduce certain new documents
Whether I should seek the permission from the High Court on the next date of hearing or I should move the CRM( Criminal Miscallneous ) Petition u/s 482 CrPC which will be listed on any day and the court may or may not grant me the permission?
Which way is best?
Devajyoti Barman
(Expert) 05 February 2013
You need not seek liberty to file rejoinder by way of separate application.
Just prepare it and submit the same on the date fixed praying a verbal liberty at that time.
R.K Nanda
(Expert) 05 February 2013
AGREE WITH BARMAN.
yogesh
(Querist) 05 February 2013
Thanks Mr Barman and Nanda sir
R.K Nanda
(Expert) 05 February 2013
u r welcome.
Raj Kumar Makkad
(Expert) 06 February 2013
In Punjab & Haryana High Court, a formal permission is required to be sought prior to filing of counter affidavit.
yogesh
(Querist) 07 February 2013
makkad sir, In my case, and on date of hearing the counsel of the Respondent has not filed the counter reply and supplied me the copy of reply after taking my signature on original copy ( for proof of service) and informed the court that the same will filed during the course of day
In such case reply if any will be available on the records only on the next date of hearing only
In such case, whether court will grant me permission if I made formal oral prayer for filing rejoinder on the next date, since the state still has not file the reply as yet??
