Krishan Kaushal 25 May 2023

Legal terrorism

Respected members,

Please provide your valuable advice on situation being faced by us.

My son's illegal termination case is pending in Delhi High Court since May 2019.

Opposite party's counsel is not bringing on record party's counter affidavit despite availing 13 opportunities. Infact at one stage an counter affidavit was brought on record which was entirely different than the one provided to us. We objected to the same since we had already submitted our rejoinder as per the counter affidavit provided to us. The court directed the opposite party's counsel to file fresh counter affidavit and instructed that there should not be any changes in counter affidavit since our rejoinder was already on record.

How can we compel O.P's counsel to file counter affidavit and bring it on record.

Thanking you in anticipation.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 26 May 2023

You cannot compel the counsel of the OP to produce the counter affidavit.

It is the duty of the court to take appropriate action as per law if the OP is not filing counter affiavit.

The OP's cousnel cannot be held responsible if the counter affidavit is not filed.

Sudhir Kumar, Advocate (Advocate) 26 May 2023

Give facts are read.

You arre not able to hint and justify sensation heading of the query "Legal terrorism"

Krishan Kaushal 26 May 2023

The opposite party's counsel after obtaining several adjournments on the ground that their counter affidavit is not on record sought permission to file a fresh affidavit. The Hon'ble court allowed the application on condition that there would be no change in the contents of the affidavit since rejoinder was already on record.

The opposite party's counsel again after obtaining several adjournments filed a counter affidavit wherein all the contents had been changed.

We filed a contempt application. The opposite party's counsel tendered apology and promised to file a fresh affidavit (same as the one which was provided to us way back on 10 Feb 2020).

The opposite party's counsel still seeking adjustments pleading that their counter affidavit is not on record.

What can such attitude be termed as?