I am giving objections to the GPA, SPA and the false statement written by the attorney who is designated as the GPA and the SPA. previously I had submitted objections without an affidavit and the title of my objections was, "written points of the case." The judge did not let the reader stamp them as she said that they are points of my oral arguments. But the opposite councel somehow managed to get a copy of my "written points of the case," and he filed a reply which he managed to get it stamped by the reader. I again filed a rebuttal to the opposite councel's reply. Which was again not stamped but placed on record. Can I also file a fresh rebuttal along with my fresh objections along with an affidavit?

Detailed Legal Analysis

Yes, you can file a fresh rebuttal along with your fresh objections and an affidavit in the ongoing case, as per the provisions of the Code of Civil Procedure, 1908 (CPC).

Here are the steps and important points to consider while filing your fresh objections and rebuttal:

• Preparation of Fresh Objections:
  • Draft your fresh objections clearly outlining the specific points of contention against the General Power of Attorney (GPA) and Special Power of Attorney (SPA).
  • Ensure that the objections are based on evidence and facts relevant to the case.
• Affidavit Requirement:
  • Prepare an affidavit that supports your fresh objections. This affidavit should be sworn before an authorized person (e.g., a notary public).
  • The affidavit must include your statement of truth regarding the matters raised in your objections.
• Filing the Rebuttal:
  • Draft your rebuttal to the opposite counsel’s reply. Clearly address each point raised by the opposition.
  • Make sure to include any new evidence or arguments that strengthen your position.
• Submission to the Court:
  • File your fresh objections, the affidavit, and the rebuttal together in the court where your case is being heard.
  • Request the court for them to be stamped and placed on record, emphasizing their relevance to the current proceedings.
• Legal Provisions:
  • CPC Section 151 allows for the inherent powers of the court to make orders necessary for the ends of justice.
  • Section 27 of the Indian Evidence Act, 1872 allows parties to present rebuttals to evidence submitted against them.

Finally, it is advisable to consult with a legal professional to ensure that your submissions are appropriately framed and comply with all procedural requirements, enhancing your chances of a favorable outcome in court.