Affidavit

Advocate

Dear Members,
could you please throw some light that to what extent an affidavit of evidence can contain pleadings mentioned under the plaints?
Please do the need ful and its really urgent.
 
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you may include entire plaint averments as well as the documents to be marked and the disputed facts

 
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Advocate

 


Order
XVIII Rule 4 was substituted as per CPC amendment which came in to
force from July, 2002. Or 18 Rl 4 more precisely the sub rule 1 reads
as follows " in every case, the examination-in-chief of a
witness shall be on affidavit and copies thereof shall be supplied to
the opposite party.......". almost all killing the art of chief
examination.



As
per Order XIX rule I an affidavit is a declaration of as to facts made
in writing and sworn before a person having authority to administer the
oath.



The rule is that a decision on facts must be decided on evidence recorded in the court as provided under Or.18 rl 4.



As
such if the plaintiff is giving his evidence in the form an affidavit
as P.W.-1 he can mention all the aspects mentioned in the plaint., like
wise a defendant of his written statement.



Because as per Or VI Rl I pleading shall means plaint and written statement.


 


            The
Documents filed either along with Plaint or Written Statement shall
also be shown in a tabular form along with respective exhibit numbers
in the evidence affidavit. The following is a format of Evidence
affidavit filed in a simple suit for recovery of money due on a
promissory note.


 


IN THE HONOURABLE COURT OF II ADDL. DISTRICT JUDGE

AT VISAKHAPATNAM


 


O.S.No.    /2007


 


Between:


 


XXXXXXXX                             
                       
                        Plaintiff


 


And


 


XXXXXX                                  
                       
                       
            Defendants


 


 


 


EVIDENCE AFFIDAVIT FILED UNDER ORDER XVIII RULE 4 READ WITH ORDER XIX RULE I OF CIVIL PROCEDURE CODE.,1908


          


I, XX, S/o. XX, Hindu, aged XX years, residing at XXXXXXX., do hereby solemnly affirm and state as follows.


 


1.         I am the plaintiff herein and I am well acquainted with the facts of the case.


 


2.         I submit that I am the native of Visakhapatnam. The Defendants are none other than my mother’s elder sister and the 2nd
defendant is son of the first defendant. I submit that the Defendants
approached me and requested me to lend a sum of Rs. 8,50,000/- (Rupees
Eight Lakhs and Fifty Thousand Only) as loan to meet their family
expenses and to clear their sundry debts and promise to repay the
amount along with an interest @ 24% per annum. That keeping in view of
the relationship with the Defendants and as well as on humanitarian
grounds I thought that the Defendants needs timely help, acceded the
request of the Defendants and lent a sum of Rs. 8,50,000/-,on XX-XX-XX.
Evidencing the said transaction the Defendants executed a promissory
note in my favour on the same day promising to repay the loan amount
along with interest at a rate of 24% PA, to me or to my agents on
demand. I submit that the entire transaction took place at my
residence.


 


3.         I
submit that the Defendants after receiving the loan amount neither paid
interest nor the principal. I have demanded the Defendants to clear the
loan amount many a time, but it did not yield any result.


 


4.         I submit that the Defendants are trying to evade from their liability to repay the due amount to me.


 


5.         I
submit that the Defendants are neither agriculturists, nor agricultural
labourers; hence they cannot claim any relief under debt relief Act.


 


6.         I
submit that along with the plaint I have filed the following documents
to prove my contention the Honourable Court may be pleased to mark the
exhibits on my behalf.


 




















S.No.



Date



Description



Remarks



Exhibit



1.



 



Demand Promissory note executed by Defendants in my favour



Original



A-1



 


I,
therefore, pray the Honourable Court in the interests of Justice that
your Honourable court may be pleased to pass a decree and judgement in
my favour and against the defendants


 


a)                 
for a sum of Rs 13,67,933/-( Rupees Thirteen Lakhs Sixty Seven Thousand and Nine Hundred and Thirty-three only)


 


b)                 
for
subsequent interest at the rate of 24% per annum on Rs. 8,50,000/- from
the date of filing of the suit till the date of realisation;


 


c)                 
for costs of the suit; and


 


d)                 
for such other relief or reliefs as the Honourable Court deems fit and proper to award in the circumstances of the case.


 


 


                       
                       
                       
                       


DEPONENT


 


Solemnly affirmed and signed before me on this  day of November, 2007 at Visakhapatnam.


 


                       
                       
                       
                       
                        ADVOCATE

 
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Advocate

Dear B.S.S.T.,it is a nice work.

 
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urologist &legal studies

fundamental question covered enterly by ld.B>S>S>T. only evidence on affidavit reproduced with little addition.a court may order that any fact may be proved by affidavit.ordinarily a fact has to be proved byoral evidence.,since affidavits are not included in the defination of evidence under s.3 of evidence act.they can be used as evidence if court invokes the provisions ofOr19 of the code.OR 19 r 1is a short of exception to this rule.,and empowers the cpurt to make  an order that any particular fact may be proved by affidavit.,subject to however to the rights of oppositive party to have the deponent  produced for cross exm.if a party desires to controvert  the avertmentscontained in the affidavit of opposite party he must file an affidavit in replyor cross*xamine the deponent.in the absence of this,the court is entitled to come to its own finding.   drsc pratihar

 
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