Defendant moved an adjournment application in a civil suit (pending) for delaying the hearing of my interlocutory application, the Civil Court order me (Plaintiff) to file say (Written Statement) to the adjournment application moved by Defendant. I filed my say (Written Statement) in the Court along with a spare copy for advocate of Defendant. However, upon inquiring with the Court master, it has been informed to me that advocate for Defendant has not collected the copy of my say (Written Statement) from the Court.
MY QUERIES:-
1. Can I serve the copy of the say (W.S.) filed by me in the Court, directly to the official address of the advocate (for defendant) ? Do I need to take prior permission of the Court, as advocate for defendant has not collected the copies of my reply(W.S.) from the Court ?
2. In absence of any permission from Court, can I serve copies of my reply(W.S.) to advocate through registered post A.D. at my own expense and thereafter file 'affidavit of service'?
3. Court informed me that on next hearing 'No W.S. Order' will be passed on my interlocutory application if no reply is received from defendant's advocate. Can court hear me on the same date (i.e.) on the date of passing of No W.S. Order against defendant ? Or hearing will be postponed to next date ?
Kindly reply,
VISHAL SAHA.
NAVI MUMBAI