Affidavit question

JM (Querist) 30 September 2012 This query is : Resolved
In a divorce case, petitioner's lawyers have made wild allegations in both main petition and IA but are refusing to back it up with signed affidavit.

My reading of CPC Order 6 indicates they have to. Their pleadings constitute serious perjury hence my request for affidavit.

I am insisting on this verbally but judge is asking me to file WS first. What should I do?

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Raj Kumar Makkad (Expert) 30 September 2012
You can move an application under Order 7 Rule 11 of CPC even without filing your WS demanding rejection of the petition without any supporting affidavit. Let the court decide that application first and then move ahead as per its result. There are numerous citation in support of this legal aspect.

free legal service (Expert) 30 September 2012
mr makkad has left no doubt.

R.K Nanda (Expert) 30 September 2012
file ur WS first and judge is correct.

Rajeev Kumar (Expert) 30 September 2012
After Mr.Makkad reply nothing left.

Kiran Kumar (Expert) 30 September 2012
No Divorce petition is maintainable without the supporting affidavit.

dont go wild on the matter, proceed as Mr. Makkad advised