When affidavit of evidence is filed by defendants in civilsuit
SSng Aulakh
(Querist) 21 August 2014
This query is : Resolved
Please inform me : in a civil suit at which stage the defendant is supposed to file his affidavit of evidence ?
a. Before cross examining Plaintiff on Plaintiff's affidavit of evidence.
or
After cross examining the plaintiff.
ROHIT SHARMA
(Expert) 21 August 2014
1. After cross examining the plaintiff.
Raj Kumar Makkad
(Expert) 22 August 2014
Only during the turn of the defendant to lead his evidence.
M V Gupta
(Expert) 27 August 2014
In a suit in which I am appearing for the Defendant the Hono'ble High Court directed both Plaintiff and the defendants to file their respective affidavits of evidence and affidavits of documents by a particular date. There appear to be no definite procedure in this regard, although I fully agree with the position stated by the experts.
Raj Kumar Makkad
(Expert) 27 August 2014
In the given issue, the plaintiff should file his affidavit first and the defendant should rebut it and thus should file his affidavit thereafter.