You should not rely only on oral submissions before the Court. Oral clarification may not always be properly recorded, and since an incorrect statement has already been reflected in the order sheet, it is important to place the correct position on record through a written filing.
The appropriate course of action is to file a supplementary counter affidavit in person. This is suitable because a counter affidavit has already been filed, and you are only supplementing and clarifying that affidavit rather than replacing it. The issue arises from the same proceedings and factual background, so a supplementary counter affidavit is procedurally correct.
In this filing, your brother should clearly state that he has already filed a counter affidavit in person and continues to rely on it fully. He should also mention that no further counter affidavit is required from his side. It should then be clarified that the statement recorded in the order sheet regarding “re-investigation” is incorrect and appears to have been made due to an inadvertent error. The correct position should be stated clearly, namely that “further investigation” pursuant to the Magistrate’s order is pending, and that this fact has already been mentioned and supported by documents in the earlier counter affidavit.
The language used should remain neutral and respectful, without making allegations against the counsel, and should simply indicate that the earlier submission was made under a mistaken understanding. Your brother should also state that he wishes to withdraw the vakalatnama of the existing counsel and intends to appear in person for the time being.
A prayer may be included requesting the Court to take the supplementary affidavit on record, to treat the earlier counter affidavit as final, and to note the correct position regarding further investigation.
On the next date of hearing, your brother should mention that a supplementary counter affidavit has been filed in person and request that it be taken on record, while briefly clarifying the correction. This ensures that both the written record and oral clarification are aligned.
It is also important to note that the distinction between “further investigation” and “re-investigation” is legally significant, and correcting it at this stage is the correct approach.