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dowry victim (housewife)     20 August 2012

Rectification of affidavit

I had filed an IA u/s 65B of the Indian Evidence Act clearly mentioning the IMEI no. of the mobile phone in which the conversationswere recorded.

The opposite party have filed a counter denying it to be his voice and demanding me to submit the alleged mobile.

 

Now, I have realized that the IMEI no. mentioned by me was not correct. Apparently the number mentioned on the box in which the mobile was sold to me is not the same as the one mentioned inside the mobile.

 

can this damage be fixed or is it irrepatable?

 

Can I file another affidavit rectifying this error? If yes, should it be filed with another IA u/s 151 CPC requesting the court to admit this affidavit? Can't it be filed without another IA?

 

Can I submit a Chief-Examination-Affidavit for the IA rectifying this mistake?

 

or do i need to withdraw the original IA and file a fresh IA u/s 65B mentioning the correct IMEI no.

 

Please advice.



Learning

 4 Replies

rahul (director)     20 August 2012

you can file amended affidavit, you dont need to withdraw the earlier one.

on your amended affidavit, opposite also given opportunity, to file amended reply.

N.K.Assumi (Advocate)     20 August 2012

In which court the case is being tried and under what circumstances Affidavit was filed, did you filed the Affidavit on the directions of the Court?

adv. rajeev ( rajoo ) (practicing advocate)     20 August 2012

You cannot amend the affidavit, you file an application to amend the complaint and file another affidavit of your chief examination.

dowry victim (housewife)     20 August 2012

the CD and the IA was submitted to the court during the petitioner's cross-examination to be admitted and marked as Court evidence.

The Court did not direct me to submit the IA. I submitted it myself.

The affidavit which I wish to amend is the affidavit that was filed along with the IA and not my Chief-Examination affidavtit. .

I am the respondent in the said case.


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