Affidavit and Verification
ess
(Querist) 05 November 2010
This query is : Resolved
1. When is verfication required on documents\replies filed in the court.
2. Is verification still required when affidavit is being given.
3. Is verfication or affidavit required to be given when the reply contains only expression of opinion on law point.
Raj Kumar Makkad
(Expert) 05 November 2010
1. It is required on almost all documents, if it is prepared/drafted/dictated by its producer.
2. Yes. It is mandatory on affidavit otherwise affidavit is incomplete and has no legal value.
3. Yes.
adv. rajeev ( rajoo )
(Expert) 06 November 2010
verification is compulsory an affidavit and plaint in the lower courts, but verification is not necessary for the high courts to an affidavit.
Kirti Kar Tripathi
(Expert) 06 November 2010
only in pleadings and affidavits, the verification is required. I do not agree with Rajeev that verification is not required in affidavits for High Court. The provisions of Oath Act make compulsory verifications in affidavits to be file in any court or body.
R.Ramachandran
(Expert) 06 November 2010
All the suits at whatever courts require verification. Once verification is given there is no need for separate supporting affidavit.
All the interim applications have to be supported by affidavit.
In respect of all the petitions, supporting affidavit is a must and the affidavit necessarily contains the VERIFICATION also.
Arun Kumar Bhagat
(Expert) 06 November 2010
Generall different rules are followed in different state, district even in different courts. One should go with the requirements prescribed in the particular Act.
Kiran Kumar
(Expert) 06 November 2010
Affidavit basically is a statement on oath, which is given before a court in order to submit that a particular fact is true and correct as per the knowledge of the deponent.
Order 19 of CPC provides for the law relating to Affidavits in civil matters and Ss.296-297 of Cr.P.c deal with affidavits in case of criminal matters.
the provisions of CPC clearly provide that the deponent shall distinctly verify the facts which are out of knowledge and which are out of belief or based upon legal advice.
an affidavit can be rejected in case its verification is defective, however this defect is curable so an opportunity can be given to the deponent to correct the affidavit.
it is grossly incorrect to suggest that the affidavit being filed in HC or SC is not required to be verified. it must be taken in mind that no oral evidence or cross examination is done before HC or SC except in case of original suits and election petitions so the matters are decided on the basis of statements made on oath. any false statement by way of affidavit shall invite action for perjury.
Affidavit is an important document and essential part of a suit or any other petition. The contents therein have the impact of admission.
Raj Kumar Makkad
(Expert) 06 November 2010
Kiran has detailed the matter. I endorse.
Kirti Kar Tripathi
(Expert) 06 November 2010
i appreciate the clarification given by Kiran.
Khaleel Ahmed
(Expert) 06 November 2010
I appreciate Mr.Kirti Kar for his expert advise.
Ramakrishnan.V
(Expert) 07 November 2010
Why none has spoken about the necessity of the verification? Learned friend Kiran has documented the provisions of Order 19 rule 1 to 3 of CPC but yet he has not clarified the need and the necessity of verification. Can anyone tell me?
Ramakrishnan. V
Kirti Kar Tripathi
(Expert) 07 November 2010
verification is the declaration made by the party disclosing the source from which he has acquired the information of a particular fact mentioned in pleadings and/or affidavit. It is incumbent upon the the party to state a true fact, so that the court or authority can rely on it.
