Opposite party filed IA in main Petition filed by Org. Plaintiff. In that IA he was seeking for certain reliefs. At the time of filing oral argunent was made by both parties. The Court at the end endorsed "filed" on that IA, but no other orders, such as "other side to say" is mentioned. Query: 1. The endorsement "File" is denotes to what ? 2. As there is no order passed for Org. Plaintiff to file his "Say" ? What Org. Plaintiff is expected to take steps on IA , as the opposite party is calm on his IA. Not doing anything after filing. 3. Many says that unless Court call plaintiff's say on IA, there is no need to file say . Unless say is filied , no hearing can be taken-up. And unless hearing is taken-up no argument is made, no order is possible...How far it is correct and true. 4. Endorsing "filed" does that mean, the IA is not attended by Court and to be treated is "no more valid"
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1. The court acknowledges the filing of IA, however you can clarify the local definition through your lawyer for more proper clarity.
2. If a IA is filed then the opponent has to to file an objection or endorsement expressing no objection.
3. This depends on the local procedures being followed by the court locally, hence you may follow it up with your lawyer.
4. Wait and watch until next hearing without jumping into any hasty conclusion.
1. IA is filed and taken up on record or court file.
2. Copy must have been supplied to you so now you have to file your reply or say to IA.
3. You can file your reply.
4. Filed means IA is filed and the same is taken up on record or court file.
If say is not given by plaintiff in time court can move forward for deciding the IA on merits
IA is taken on record
2) reply should be filed when court directs OP to file say
3) it does not denote that it is not valid
1. It means that the IA is taken into record
2. The opposite party should file reply of that IA filed by the plaintiff on the direction of the court.
3. After filing the reply by the opposite party , the mater will be taken for argument
4. Wait for further proceeding
Dear Client
Endorsement "File":
The endorsement "filed" typically means that the court has accepted and received the Interlocutory Application (IA) filed by the opposite party. It indicates that the IA has been formally submitted to the court and is part of the court record.
No Order for Org. Plaintiff to File a "Say":
In some cases, when an IA is filed, the court may not immediately issue orders for the opposite party or the Org. Plaintiff (original plaintiff) to file their responses (commonly referred to as "say" or "counter-affidavit").
The Org. Plaintiff may not be required to take any immediate steps unless the court specifically orders them to do so. However, it's crucial to monitor the progress of the case and follow any further directions or orders issued by the court.
Filing a "Say" on IA:
It is generally a good practice for the Org. Plaintiff to file a response (say) to the IA filed by the opposite party, even if the court has not explicitly ordered it. Filing a response allows the Org. Plaintiff to present their side of the case and arguments related to the IA.
It is not always necessary for the court to call for a hearing before accepting or rejecting the IA. The court may decide the IA based on the written submissions of both parties unless it finds it necessary to conduct a hearing.
Endorsing "Filed":
Endorsing "filed" typically means that the IA has been officially received and recorded by the court. It does not necessarily render the IA invalid. The court will review the IA, along with any responses filed by the parties, before making a decision on the relief sought in the IA.
It's important to note that legal procedures and practices can vary from one case to another and from one court to another. Therefore, it's crucial to consult with a qualified attorney who can provide specific guidance based on the details of your case.
even if the Court has not ordered the other side to give his say, the opponent can always tender his say so that the pleadings in that IA are complete and whenever it comes up, the IA can be directly heard by the Court
