Delhi High Court has passed directions in order to curb the wastage of valuable court time due to confusions regarding the serving of copies to the other party.
In the present case, there was a confusion between the counsels from both sides regarding the supply of an affidavit. While the counsel for the Respondent, Naushad Ahmed Khan, relied upon an affidavit to argue his case, the Petitioner's counsel Mr VP Rana claimed that he has not been supplied with a copy of the said affidavit.
Post lunch, both the counsels submitted that the issue of service of short affidavit has been enquired into with their respective court clerks and sorted out amongst themselves. The copy of the affidavit was actually not served to the other party, which was then remedied.
In order to remedy the confusion that is created around the service of copies amongst the parties and the court clerks, Justice Pratibha Singh issued the following directions:
The court deemed it necessary to issue such directions as several adjournments before courts are taking place due to non-receipt or non-supply of copies of complete pleadings and documents. This would also ensure that the court clerks are made accountable in case they give wrong acknowledgements of opposing counsels or clerks on the pleadings and documents.
It also ordered that the aforementioned directions shall be circulated on the notice board and in the cause list of the Delhi High Court Bar Association and the District Court Bar Associations as also to the Court Clerks Association.
The court has also highlighted that any court clerk who is seen to be indulging in any such wrong acknowledgement and wrong receipt, would be liable for strict action by the Court in accordance with law.
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