The Delhi High Court has issued practice guidelines that in cases involving more than one defendant, if a counter affidavit is requested to be filed by any of them, it will not be entered. until copies are served not only on counsel for the petitioner but also on counsel for all other respondents.
The Practice Directions were issued on May 10 pursuant to an order issued by a single judge bench consisting of Judge Rekha Palli in the case entitled directions adopted by this Court in the order of 21.02.2022 in WP(C) 6514/2021 entitled Aniruddh S Mishra through his mother Poonam c. NCT State of Delhi & Ors.
The same was issued by the Registrar General of the High Court, Ravinder Dudeja.
In the order dated February 21, 2022, Judge Palli dealt with a case involving two groups of respondents who took two different positions to oppose the plea. The Court noted that they had not exchanged copies of their counter-attestations.
As a result, since their respective attorneys surprised each other at the content, the hearing was postponed. However, in doing so, the Court observed that:
“This Court is compelled to observe that this position also exists in various other brief motions, thus resulting in unnecessary adjournments.”
“The Registry is therefore responsible for ensuring that in the future, in cases where there is more than one set of defendants, if a counter affidavit is requested to be filed by one of the defendants, that not be registered until copies are served not only on learned counsel for the petitioner, but also on learned counsel appearing for all other respondents. Practice directions in this regard will be issued forthwith.”
Click here to read the practice instructions