Effect of Late Filing of Counter

Question

Effect of Late Filing of Counter

19-Dec-2023 (In Cyber Crime Law)

My false criminal case of stayed by the High Court in 2019. But the opposite party had not filed the Counter for more than 4 years. Then on 27th January, 2023 High Court passed the following order: "Counter affidavit has not been filed yet.As a last opportunity, two weeks time is granted to learned counsel for opposite party no.2 to file counter affidavit. Rejoinder affidavit be within a week thereafter." Now after month's they have filed the Counter on 16th October, 2023. How to Counter it?

Answers (4)

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Advocate Sumant Kumar Chaturvedi LawRato · Accepted Answer · 2023-12-20T17:53:38+05:30

Answer #1

please provide your case related documents, the information given aboue is insufficient, by the way in your case counter has been filed as delayed, but opposite party definitely took support for delay condone application furnishing a valid reasons for delay . hence it's a law process. therefore provide your documents, after perusal, a solid advice can be provided you .

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Advocate Harish Chandra Yati LawRato · Accepted Answer · 2023-12-20T21:55:32+05:30

Answer #2

3(2)(b) of the Limitation Act, the date of institution of the suit in the court shall be the date of commencement of the counter claim. That means the counter claim should be filed before the arbitral tribunal within three years from the date of cause of action, to be within the limitation period.

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Adv. Harish Chandra Yati Adv. Harish Chandra Yati

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Advocate Siddharth Pandey LawRato · Accepted Answer · 2023-12-22T12:36:42+05:30

Answer #3

Contact me for the best legal remedy. You can find my contact no. on my profile and then discuss about your matter. The full details cannot be discussed here therefore contact me there. Firstly, a plan of method will be discussed with you so that the matter can be resolved as soon as possible.

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LawRato LawRato · Accepted Answer · 2023-12-28T18:16:59+05:30

Filing a rejoinder affidavit promptly is crucial for ensuring a timely resolution during the next court appearance. The rejoinder serves as a responsive document, addressing points raised by the opposing party in their affidavit. By adhering to the specified deadline, you contribute to the efficient progression of legal proceedings. Timely submission of the rejoinder is strategic, as it enables the court to consider all relevant arguments and evidence before the final hearing. This, in turn, facilitates a more comprehensive understanding of the case and promotes a smoother adjudication process. Missing the deadline may lead to complications, potentially delaying the final hearing and prolonging the resolution of the matter. A well-prepared rejoinder strengthens your legal position by addressing counterarguments and presenting additional evidence or clarification. It plays a pivotal role in shaping the court's perception and influencing the final decision. Therefore, adherence to procedural timelines is not only a legal requirement but also a tactical approach to ensure an expeditious and effective resolution of the legal matter.