High CourtsSingle Bench(2023) 11 MEG CK 0003

Floritha D. Momin vs State Of Meghalaya & Ors.

Meghalaya High Court · Decided on 1 November 2023

HON’BLE JUDGES
W. Diengdoh, J
CASE NUMBER
Writ Petition (C) No. 59 Of 2021

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Judgment

6 paragraphs · 220 words

W. Diengdoh, J

Ms. S. Bhattacharjee, learned counsel for the respondents No. 5 6 has submitted that the brief was handled by her senior who is since deceased, and upon inheriting the said brief from the parties, the learned counsel, on perusal of the same was advised to file the counter affidavit which was earlier declined. However, for ends of justice, it is prayed that only one opportunity may be allowed for the counter affidavit to be filed.

Mr. P.T. Sangma, learned counsel for the petitioner has objected to the prayer made on the ground that on earlier occasion, the respondents No. 5 & 6 have declined to file the counter affidavit.

Be that as it may, the learned counsel for the petitioner has however conceded that the counter affidavit may be allowed to be filed on the next date fixed.

On consideration of the prayer made and for ends of justice, the Court would allow the submission made by the learned counsel for the respondents No. 5 & 6. However, it is made clear that only one opportunity will be given to file the counter affidavit. Let the same be filed with an advance copy to the learned counsel for the petitioner, who would in turn file the rejoinder affidavit, if so advised.

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