In a writ petition, in the matter of granting time for filing counter-affidavit and rejoinder, etc., generally the high court has wide discretion.
In fact, even at the time of filing of a fresh writ petition also, usually, the time limitations have not been prescribed, though it is required to be filed in a “reasonable” time period. However, the word “reasonable” is flexible and if one can show some genuine reasons for delay, a writ petition may be allowed to filed even after a delay of a few years at the discretion of the high court. Likewise, in the matter of allowing filing of counter-affidavit in a writ petition, the high courts are generally liberal.
The relevant rules of the concerned high court may also be relevant here. But, generally, the high courts may be liberal in granting time for filing couner-affidavit by respondents, if the respondents show some genuine reasons. Normally, at least 2-3 chances may be given for this purpose.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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