Delhi High Court Issues Practice Directions To Ensure Service Of Counter Affidavit To All Respondents In Cases Involving More Than One Respondents

The Delhi High Court has issued practice directions to the effect that in cases involving more than one respondents, if any counter affidavit is sought to be filed by any of them, the same shall not be taken on record till copies thereof are served not only on the counsel for the petitioner but also on the counsel appearing for all the other respondents.

The practice directions have been issued on May 10 pursuant to the order passed by a single judge bench comprising of Justice Rekha Palli in case titled directions passed by this Court in order dated 21.02.2022 in W.P.(C) 6514/2021 titled Aniruddh S Mishra Through His Mother Poonam v. State of NCT of Delhi & Ors.

The same has been issued by Registrar General of the High Court, Ravinder Dudeja.

In the order dated February 21, 2022, Justice Palli was dealing with a matter involving two sets of respondents who were taking two different stands to oppose the plea. The Court had noted that they had not exchanged copies of their counter affidavits with each other.

Resultantly, since their respective counsels were expressing surprise over the contents of each other, the hearing was deferred. However, while doing so, the Court had observed thus:

"This Court is constrained to observe that this position is found to be existing in various other writ petitions as well, thereby leading to unnecessary adjournments."

"The Registry is, therefore, directed to ensure that, in the future, in cases where there are more than one set of respondents, if any counter affidavit is sought to be filed by any of the respondents, the same not be taken on record till copies thereof are served not only on the learned counsel for the petitioner but also on the learned counsel appearing for all the other respondents. Practice directions in this regard be issued forthwith."

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