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jagadish paranjape (Advocate)     04 April 2016

Evidence by affidavit

Civil procedure code was amended whereby the examination in chief by affidavit was introduced. This was done to save the time of the court. However nothing of the sort has happened, because all the affidavits of the witnesses of one-party or not taken on record on the same day. Thus the party gets an opportunity to improve upon the evidence tendered in earlier affidavit of one witness. Secondly although the cross-examination through commission is prescribed that is not done( at least in Labour/industrial courts). Thus the amendment has not served the purpose of saving time. Instead of adhering to the amended provisions of the law, everyone harps upon the issue of paucity of judges.



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