Filing of a Counter Affidavit Doubts?
Querist :
Anonymous
(Querist) 28 March 2010
This query is : Resolved
Dear Experts, I Want to understand the following doubts:
1.Can A counter Affidavit be filed as soon as the respondent receive the summons, without having to waiting for the First Hearing date?
2.If a favorable decree holder expect an appeal or revision to the Lower Court Decree at Higher Court in Civil Cases, Is their any way for decree holder to file a Quash or Stay petition in advance(in anticipation) at higher Court?
Guest
(Expert) 28 March 2010
For your first query, yes, you can prepare a counter affidavit and also serve a copy on the other side and you can be ready for enquiry (argument) on the first hearing date itself, if the court permits you to do so.
For your second one, you may file a Caveat Petition against your expected respondent/judgment debtor. By filing a Caveat, the judgment debtor shall serve a copy on you before filing any Stay application and you will also become legally entitled to putforth your objections for granting stay or admission of appeal of the judgment debtor and without hearing you, the court shall not pass its orders.
