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O1 R10

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(Querist)
11 September 2009

if I file an application under O1 R10 CPC then whether an affidavit is to be filed with it?
whether the copy of it to be supplied to opposite parties?riven


Soma (Querist)
11 September 2009

whether advocate can file such application on behalf of the client without his (client's)signature where vakalatnama is already filed?riven

Adinath@Avinash PatilOnline (Expert)
11 September 2009

Dear Soma,
Application under o 1 R 10 be filed with an affidavit & a copy of application to be supply other party is neccesary.
Advocate can't file application under o 1 R 10 without client's signature.riven

Kiran Kumar (Expert)
11 September 2009

i agree with Mr. Patil.riven

Y V Vishweshwar Rao Online (Expert)
11 September 2009

Mr Patil Explaination /opinion is correct , i agree with him

IA - Application to be filed with supporting affidavit

in IA - Petition -Advocate on record not to file his affidavit , Affidavit of the Client to be filed !

Before filing the Petition - IA the copy of the same is to be served on the other side party/ Advocateriven

Soma (Querist)
11 September 2009

thank to allriven

Swami Sadashiva Brahmendra Sar (Expert)
11 September 2009

In general, my learned friends are right. but, there are 5 clauses of order 1 rule 10.there are many conditions and there may be diferent fact situations, some may require an affidavit and some may not. for instance, clause (2)empowers the court to strike out or add parties ..."either upon or without the application of either prty"....Thus, where application itself is not necessary, there is no question of affidavit.
Further,if an application is filed to bring any fact on record, it must be supported by affidavit. If an application is made with a view to invite court's attention to the facts already on record and pass an order in view thereof, then an application without affidavit can be moved by the advocate on behalf of a party.riven

Adinath@Avinash PatilOnline (Expert)
11 September 2009

Thaks Dr.V.N.Tripathi for giving more information but as per amendments c.p.c. I think affidavit is necessary.riven

J K AgrawalOnline (Expert)
12 September 2009

If any application contains any fact not already on record, it requires signature of the person who knows the fact and affidavit of that person otherwise no affidavit is required.riven

Shyam Ji Srivastava (Expert)
12 September 2009

Dear Soma,
I agreed with my all above friends with some clarification that there is no, need of affidavit alongwith application u/o1 rle 10 however you have to prove your interest in the case.

Shyam Ji Srivastava
Senior Advocate
Kanpurriven

Raj Kumar MakkadOnline (Expert)
12 September 2009

I fully agree with Dr. Tripathi. In general if new party is to be brought then affidavit is necessary but if any action on the deletion/addition of the party on the basis of the fact/party already on the file is initiate then no need of affidavit arise and it is only the litigant who has to file an affidavit.riven

Soma (Querist)
12 September 2009

Thanks to all seniors for detailed informationriven

Somnath mukherjee (Expert)
12 September 2009

All the above views are correctriven

MANISH (Expert)
13 September 2009

Dear friend,
As per Order VI, Pleading are to be verified and has to be supported by an Affidavit.
And the same Order says that Peadings means Plaint and Written Statement. Entire CPC nowhere talks about any kind of Application to be supported by an Affidavit.
However, the application has to be moved by the party, and the counsel cannot move any application on behalf of the party.
However, the DELHI HIGH COURT rules make it mandatory that an application under Order 1 rule 10 has to be supported by an Affidavit. So check the rules prevalent in your state.

Bhumik DaveOnline (Expert)
13 September 2009

Manishji is correct.riven

vinjamuri ranga babu (Expert)
13 September 2009

hi,'
you have to file affidavit , without affidavit there is no petiton. petition means and includes affidavit.
vrriven

Soma (Querist)
16 September 2009

.............*...............riven

V.V.RAMDAS (Expert)
22 September 2009

Dear Ranga Babu,
I will not be agree with you. Affidavit is not mandatory in Simple petion but in pleadings it is mandatory.Advocate can file a petition. To stregthen a petition affidavit is must.
Mr Manish first part of your containtion is correct but it is not correct- -However, the application has to be moved by the party, and the counsel cannot move any application on behalf of the party.riven

Sachin Bhatia (Expert)
01 October 2009

Application under order 1 Rule 10 be filed with an affidavit & a copy of application to be supply other party is neccesary.

Sachin Bhatia (Expert)
01 October 2009

Advocate can't file application under order 1 Rule 10 without client's signature.

sukanya (Joyce)Online (Expert)
11 October 2009

mr patils suggestion is agreed with.



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