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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Analysis and Conclusion:The respondent's counter-reply should focus on asserting their right to a fair opportunity to respond to the counter-claim, citing procedural provisions and case law to support this. Emphasizing that courts have recognized the importance of giving parties adequate time to reply, and that denial of such opportunity constitutes a procedural irregularity, will strengthen the draft. The reply should also respectfully request the court to grant time to file the reply, and if already filed, to consider it on merits.
In the high-stakes world of Supreme Court proceedings, Special Leave Petitions (SLPs) under Article 136 of the Indian Constitution can challenge lower court decisions. But what if you're the respondent facing an SLP? A common query arises: make a counter reply draft for the slp civil from respondent side. This question highlights a critical procedural step—filing a counter reply or rejoinder to counter the petitioner's arguments effectively.
This blog post breaks down the legal framework, judicial precedents, and practical steps for drafting and filing such a counter reply. While this provides general insights based on established Indian law, it is not specific legal advice. Always consult a qualified lawyer for your case.
A Special Leave Petition (SLP) allows the Supreme Court to grant leave to appeal against any judicial or quasi-judicial order. As a respondent, your initial response is typically a counter affidavit. However, subsequent pleadings like a counter reply or rejoinder may be needed to address new facts, arguments, or clarifications introduced by the petitioner.
The core principle is that such filings require leave of the Court. Without it, they risk rejection. This ensures procedural discipline while allowing fairness. As noted in key rulings, courts exercise discretion judiciously to prevent abuse but prioritize justice. Sheikh Noorul Hassan VS Nahakpam Indrajit Singh - 2024 0 Supreme(SC) 433
Under Indian civil procedure, no pleading subsequent to the written statement—except by way of defense to set-off or counterclaim—shall be filed without court leave. This extends to SLPs, where replies or counter replies fall under subsequent pleadings. Sheikh Noorul Hassan VS Nahakpam Indrajit Singh - 2024 0 Supreme(SC) 433
The Court's discretion hinges on:- Necessity: To clarify or contest new facts/pleas raised by the opposite party.- Fairness: Ensuring a balanced adjudication.- Procedural Propriety: Avoiding delays or frivolous filings.
The law permits filing of subsequent pleadings like replies or counter replies with the Court’s leave, especially when necessary to clarify or contest new facts or pleas. Sheikh Noorul Hassan VS Nahakpam Indrajit Singh - 2024 0 Supreme(SC) 433
In SLP contexts, similar timelines apply for counter affidavits. For instance, courts often direct: Reply affidavit be filed within two weeks... Rejoinder affidavit, if any, be filed within one week thereafter. DEPUTY COMMISSIONER OF INCOMRE TAX CIRCLE 25 (2) NEW DELHI vs TURNER INTERNATIONAL INDIA PVT LTD.
Several precedents affirm the Court's power to permit counter replies:
The Court justified permitting a reply or rejoinder when necessity is shown, even rectifying procedural lapses through discretion. C. A. Galika Kotwala & Co. Pvt. Ltd. , Mumbai, reptd by its Manager (Accounts) VS Sri Kailasanandha Cotton Syndicate Pvt. Ltd. - 2015 0 Supreme(AP) 481
Judicial rulings acknowledge that subsequent pleadings are permissible if the Court finds them necessary for justice, even if procedural lapses occur, provided the Court exercises its discretion. C. A. Galika Kotwala & Co. Pvt. Ltd. , Mumbai, reptd by its Manager (Accounts) VS Sri Kailasanandha Cotton Syndicate Pvt. Ltd. - 2015 0 Supreme(AP) 481
This case roots the permission in fairness and necessity, holding that irregularities do not bar pleadings if relevant to a fair trial. Sheikh Noorul Hassan VS Nahakpam Indrajit Singh - 2024 0 Supreme(SC) 433
Other rulings echo this. In tax assessment challenges, courts mandate detailed counter affidavits from respondents to uphold natural justice, directing filings within fixed timelines like two weeks. DHAN PRAKASH GUPTA vs INCOME TAX DEPARTMENT - 2025 Supreme(Online)(Del) 7156
In Wakf Board disputes, counter affidavits addressed surveys and lists, reinforcing that replies clarify ongoing issues. Maharashtra State Board of Wakfs VS Shaikh Yusuf Bhai Chawla - 2022 Supreme(SC) 1252
Even in eviction suits, additional written statements were scrutinized but allowed if not altering the cause fundamentally. CHITTARANJAN PAL VS BANKIM CHANDRA BISWAS - 2004 Supreme(Cal) 186
To draft an effective counter reply:
Seek Leave Promptly: File an interlocutory application (IA) under Order XLVII or relevant rules, attaching the draft counter reply. Explain necessity—e.g., new facts in petitioner's rejoinder.
Structure the Draft:
Prayer: Seek dismissal of SLP, costs if merited.
Address Procedural Lapses: If no prior draft was filed, argue rectification for justice. Courts may overlook this if the reply aids adjudication. C. A. Galika Kotwala & Co. Pvt. Ltd. , Mumbai, reptd by its Manager (Accounts) VS Sri Kailasanandha Cotton Syndicate Pvt. Ltd. - 2015 0 Supreme(AP) 481Sardar Darshan Singh VS Surjeeth Kaur - 2007 0 Supreme(AP) 228
The absence of a draft reply or proper formalities can be rectified if the Court perceives the reply as necessary for justice. C. A. Galika Kotwala & Co. Pvt. Ltd. , Mumbai, reptd by its Manager (Accounts) VS Sri Kailasanandha Cotton Syndicate Pvt. Ltd. - 2015 0 Supreme(AP) 481
In promotion disputes, respondents filed draft counter statements to place subsequent events on record, showing flexibility. All India Insurance SC/ST & OBC Employees Action Committee by its President G. Ganesan VS Chairman, General Insurance Corporation of India, Mumbai - 2013 Supreme(Mad) 1928
Not all counter replies succeed. Courts refuse leave if:- Pleadings alter the cause of action or introduce wholly new cases. Sheikh Noorul Hassan VS Nahakpam Indrajit Singh - 2024 0 Supreme(SC) 433- Filings appear frivolous, dilatory, or abusive.- Procedural compliance is absent without justification. C. A. Galika Kotwala & Co. Pvt. Ltd. , Mumbai, reptd by its Manager (Accounts) VS Sri Kailasanandha Cotton Syndicate Pvt. Ltd. - 2015 0 Supreme(AP) 481
In family law matters, absence of counter affidavits led courts to consider documents adversely. Santoshi Belwanshi VS Kop Singh - 2018 Supreme(MP) 250
High Court appeals have granted six weeks for counter affidavits repeatedly, underscoring timelines. PUNJAB STATE ELECTRICITY BOARD vs R S BHATIA
In specific performance suits, readiness to perform was affirmed via replies, dismissing appeals. Ridhkaran Parasrampuria S/o Late Shri Girdhari Lal Parasrampuria vs Chandra Prakash Agarwal S/o Late Shri Badrinarayan Agarwal - 2025 Supreme(Raj) 1766
Counter replies appear across civil matters:- Recruitment Rules: Joint replies admitted entitlements under un-amended rules. MANOJ KASHYAP VS UNION OF INDIA - 2016 Supreme(Del) 2130- Reservation in Promotions: Draft counters placed subsequent events, but writs dismissed absent rights. All India Insurance SC/ST & OBC Employees Action Committee by its President G. Ganesan VS Chairman, General Insurance Corporation of India, Mumbai - 2013 Supreme(Mad) 1928- Eviction Suits: Counters denied alternative accommodations effectively. CHITTARANJAN PAL VS BANKIM CHANDRA BISWAS - 2004 Supreme(Cal) 186
These illustrate courts' consistent emphasis on discretion for justice.
Filing a counter reply to an SLP as respondent is viable with court leave, guided by necessity and fairness. Precedents like those in Sheikh Noorul Hassan VS Nahakpam Indrajit Singh - 2024 0 Supreme(SC) 433 and C. A. Galika Kotwala & Co. Pvt. Ltd. , Mumbai, reptd by its Manager (Accounts) VS Sri Kailasanandha Cotton Syndicate Pvt. Ltd. - 2015 0 Supreme(AP) 481 empower courts to allow them, rectifying lapses for substantive justice.
Key Takeaways:- Always seek leave via application with draft.- Focus on rebutting new points without new causes.- Prioritize procedural compliance to bolster chances.- Courts balance rigor with equity.
For tailored drafts, engage legal experts. Stay informed on evolving jurisprudence to navigate SLPs successfully.
This post draws from judicial analyses and is for informational purposes only.
#SLPCounterReply, #IndianCivilLaw, #LegalDrafting
(iii) The Respondent shall file his Rejoinder to the Reply within a period of one week thereafter. ... Hence, the order dated 26.02.2021 passed in disposal of the said SLP does not operate against the objections of the respondent concerning the counter-claim. 10. ... They will not make any request for filing further written statements or independent written statement as such. ... It appears that, entirely contrary to the provisions of Rule 95 of the Bombay High Court (Original #HL_STA....
Default of Plaintiff to reply to Counter-Claim.— If the Plaintiff makes default in putting in a reply to the Counter-Claim made by the Defendant, the Court may pronounce judgment against the Plaintiff in relation to the Counter-Claim made against him, or make such order in relation to the Counter-Claim ... Under Section 129 of C.P.C, a High Court having Original Side is empowered to frame Rules for its Original Civil Jurisdiction. .....
Default of Plaintiff to reply to Counter-Claim.— If the Plaintiff makes default in putting in a reply to the Counter-Claim made by the Defendant, the Court may pronounce judgment against the Plaintiff in relation to the Counter-Claim made against him, or make such order in relation to the Counter-Claim ... Under Section 129 of C.P.C, a High Court having Original Side is empowered to frame Rules for its Original Civil Jurisdiction. .....
Default of plaintiff to reply to counter-claim.— If the plaintiff makes default in putting in a reply to the counter-claim made by the defendant, the Court may pronounce judgment against the plaintiff in relation to the counter-claim made against him, or make such order in relation to the counter-claim ... In these circumstances, trial Court committed gross error in not extending such opportunity to the plaintiff/respondent which has been rectified b....
1.This Civil First Appeal has been filed by the appellants-defendants (for short 'the defendants') against the judgment and decree dated 30.08.2018 passed by Additional District Judge No.2, Jaipur Metropolitan, Jaipur in Civil Suit No.22/2013, whereby the suit filed by the respondent-plaintiff ... Subramani & Ors. in Civil Appeal No.7306/2013 (Arising our of SLP (C) No.20367/2009) decided on 29.08.2013. 15. ... Amarnathan in civil appeal No.9947/2014 (arising out of SLP#HL_E....
Shekhar Prit Jha, Adv. accepts notice on behalf of the respondent. Reply affidavit be filed within two weeks. List after four weeks for final disposal. ... On that aspect, respondent may file counter affidavit within two weeks. Rejoinder affidavit, if any, be filed within one week thereafter. 1 ITEM NO.23 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL ... Di....
The respondent vide their subsequent communication dated 10.03.2025 has called upon the petitioner to file reply by 13.03.2025, at 05.30PM. It appears that there was no hearing scheduled by the respondent to enable the petitioner make his submissions. ... the respondent to file a detailed counter affidavit to the writ petition and also on the two pleas raised by the petitioner, within a period of two weeks from today. ... Though, the same was reserved for judgment, the same is listed ....
examined D.W.1 marked Ex.B.1 on their side. ... Judge, City Civil Court, Madras. ... Judge, City Civil Court, Chennai. 3. ... The defendants made a counter claim for that amount. 4.
Default of plaintiff to reply to counter-claim.— If the plaintiff makes default in putting in a reply to the counter-claim made by the defendant, the Court may pronounce judgment against the plaintiff in relation to the counter-claim made against him, or make such order in relation to the counter-claim ... The written statement was filed by the respondent no.1-plaintiff against the counter-claim on 03.12.2021. Mr. ... On 02.01.2019,....
Six weeks’ time is granted to file counter affidavit. ... Six weeks’ time is granted to file counter affidavit. ... Six weeks’ time is granted to file counter affidavit. ... Six weeks’ time is granted to file counter affidavit. ... Six weeks’ time is granted to file counter affidavit.
31288 of 2011 that one of the petitioners wrote a letter to the Charity Commissioner, wherein, he spoke about the ongoing survey. We find from the counter affidavit of respondent No. 4 in SLP (C)No. There is also a reference to a letter written by the Commissioner appointed to carry out survey informing one of the writ petitioners that the surveyor has already given his report.
In the absence of the counter affidavit and reply from the respondent side, the aforesaid documents cannot be ignored. Sharda Bai was residing with the respondent/husband as his wife.
The Court would note that in their joint reply to the OA, the official respondents have admitted that as per the un-amended 1975 Rules, the petitioners would be entitled to be appointed as Assistant Registrars as has already been advised to them by the Ministry of Law & Justice vide order dated 07.03.2013. Ministry of Law and Justice and the ITAT reads as under: “...Since existing Recruitment Rules provide Hindi Translators to be considered for promotion, the issue of double channel of promotion is not true as the Recruitment Rules for the promotion to the post of Hindi Officer/Assistant Dir....
These subsequent events relate to the change in legal status of General Insurance Corporation Business (Nationalization) Act, 1972. 9. The respondent has filed a draft counter statement. The respondent stated that at the outset, the respondent No.1 herein only wants to place on record subsequent events which had taken place during pendency of the above case.
In fact the landlord's wife owned a plot of land at Greater Kailash, New Delhi. The petitioner/tenant has also falsely alleged that the landlord has property at Greater Kailash, New Delhi. ? it must be mentioned that for the first time in this SLP, a point has been taken that the landlord has constructed a building at Greater Kailash and that Bungalow is also available to him. We were shown the counter filed by the respondent in the SLP wherein the reply to this averment is as follows: (xix)
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