Affidavit in evidence - examination in chief.

This query is : Resolved 
 

(Querist)
11 February 2018

Sir,
Kindly advise me as soon as Affidavit in evidence is filed in a suit and before commencement of Examination in Chief is it necessary that the Opposite party files its Counter affidavit? How to proceed from here?


Isaac Gabriel (Expert)
11 February 2018

It is the rorogative of the presiding officer to dispense with evidences and permit oral/written arguments.

Ms.Usha Kapoor (Expert)
12 February 2018

At the discretion of the presiding officer oral/written arguments or evidence from both sides are admitted for presiding officer to come to a decision.

Ms.Usha Kapoor (Expert)
12 February 2018

At the discretion of the presiding officer oral/written arguments or evidence from both sides are admitted for presiding officer to come to a decision.

Dr J C Vashista (Expert)
13 February 2018

Vague and confusing query without proper facts of the case.
What do you mean by evidence by way of affidavit filed before examination in-chief? Evidence by way of affidavit is compulsory in a suit (after 2002 amendment in CPC) that itself is examination in-chief of witness after its tendering before the court.

Ms.Usha Kapoor (Expert)
09 July 2018

I Agree with Issac Gabriel.



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