May I withdraw my "Reply" to the "Petition" from the court ?

Querist : Anonymous (Querist) 19 October 2010 This query is : Resolved
I am a tenant, an eviction petition was filed by my landlord,a "Reply" was filed by my Advocate.

But my Advocate made so many logical,legal and factual mistakes.In fact,he was not supposed to file a reply but an "Affidavit".

I wanna withdraw my "Reply" from the court and wanna submit an "Affidavit".Is it possible and can I file "An Affidavit" on next date ?

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Devajyoti Barman (Expert) 19 October 2010
It depends upon the discretion of the court/ If in the previous reply you have not made any admission to the benefit of the plaintiff, the court should allow. If the court does not allow it then you could also try for amendment of the pleading.

s.subramanian (Expert) 20 October 2010
You can do it with the permission of the court under Order 8 rule 9 of CPC.

pawan sharma (Expert) 20 October 2010
with permition of the court.

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