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Lawyer didn't file the counter reply to the grounds
26-Mar-2026 (In Civil Law)
I am a respondent in a case. Court asked me to file the reply to Writ Petition. My lawyer filed the reply to preliminary submissions and brief facts. But failed to counter reply to Grounds. Is it incomplete reply or I am safe?
Yes, technically your reply appears incomplete. In a writ petition, the respondent is expected to file a parawise reply to all grounds and averments taken by the petitioner. Merely replying to preliminary submissions and brief facts, without specifically denying or answering the “grounds”, can be treated as an evasive or insufficient reply.
However, you are not automatically at risk, provided the matter is still at a stage where:
• Arguments have not concluded, or
• The Court has not closed your right to file further pleadings
In such a situation, the proper course is:
• File a supplementary counter affidavit / additional reply specifically dealing with each ground raised in the writ petition
• Seek permission of the Court (usually allowed if no serious delay or prejudice is caused)
If you do not cure this defect, the Court may:
• Treat uncontroverted grounds as admitted (to a limited extent), or
• Decide the matter based on petitioner’s pleadings
Therefore, the safest approach is to immediately instruct your counsel to file a detailed parawise reply to the grounds and regularize the record.
In summary: your current reply is incomplete, but it is curable. Timely corrective filing will protect your case.
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Adv. Yuganshu Sharma
Adv. Yuganshu Sharma
Delhi | 700+ Answers
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reply to the grounds is also necessary for a complete reply to be filed.
not filing a rebuttal against grounds in a writ petition can be construed to be an admission of such grounds and can be held against you
please instruct your advocate to re file the reply and include a rebuttal of the grounds mentioned in the writ petition.
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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writ petition, the respondent is expected to file a complete counter affidavit/reply dealing with all aspects of the petition, including preliminary objections, facts, and specific para-wise reply to the grounds raised.
If your counsel has only filed preliminary submissions and brief facts but has not specifically denied or replied to the grounds, the reply may be treated as incomplete. In law, any averment or ground not specifically denied can be presumed to be admitted or not effectively contested, especially if the Court notices the omission
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Adv. Madhvi Chopra
Adv. Madhvi Chopra
Delhi | 50+ Answers
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Yes, the reply appears to be incomplete. If the reply only covers preliminary submissions and brief facts but does not specifically counter the grounds, the court may treat those grounds as unrebutted, which can weaken the defence.
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Adv. Ashish Baisoya
Adv. Ashish Baisoya
Delhi | 5+ Answers
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sir it's a totally incomplete reply when you are not submitting your objection in the ground for a reply there is a proper format for the reply if he/she not able to file counter reply it's effect in during your cross examination and rebuttal
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Adv. Sakshi Mishra
Adv. Sakshi Mishra
Delhi | 25+ Answers
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