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Hardeep Kaushik   13 September 2018

Affidavit is mandatory or not

it is mandatory every application should be file with supporting affidavit

i filed an application but i forgot to file supporting affidavit can magistrate dismissed my application



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 5 Replies

Vijay Raj Mahajan (Advocate)     13 September 2018

It depends what application was made. Usually application should be accompanied with affidavit if not than the contents of the application should be verified at the end as correct and true by the applicant. An affidavit can always be filled at later stage/date but before the court takes up and decide it.
1 Like

Hardeep Kaushik   13 September 2018

thanks for reply sir

TGK REDDI   13 September 2018

Only Pleadings should be supported by affidavits.

Pleadings means Plaint and Written Statement.

A Petition or Interim Application is not a Pleading.       Supporting Affidavit needn't accompany it.      There's, if attached, no harm.

A Petition needn't be verified.

I invite criticism.

N.K.Assumi (Advocate)     13 September 2018

I absolutely agree with TGK Reddi. Every Plaint and written Statements should not only be verified but it also should be supported by Affidavit.

N.K.Assumi (Advocate)     15 September 2018

This rule of pleadings apples to writ petition also.


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