Filing a slp in the sc
I have an urgent question for a SC counter- petition :
In an SLP pending before the Supreme Court relating to a finance matter, there has been a new document annexed by the opposition company which was never present in the high court arguments.
There is a "declaration in terms of rule 5" given by the company's attorney: "The Annexures P-1 to P-3 produced along with Special Leave Petition are true and correct copies of the pleadings/documents which formed part of the records of the case in the courts below against whose orders the leave to appeal is sought for in the petition. "
There is also an affidavit by the company's secretary that he is aware and all the facts stated are true and the documents relied upon are true and are subject matter of the case at hand.
However, there is another annexure P4 which is attached, this was not provided when the case was decided in our favor by the Kolkata High Court.
Is this allowed in SC procedure? I can only see that it is clearly violating the declaration itself.
I am unable to discuss this matter with my regular attorney as they are not available for some reasons, if any of you could please shed light on this matter, I would be very grateful. If you know of any precedents please advice on the same.