evedentry value of affidavit

Querist : Anonymous (Querist) 29 July 2011 This query is : Resolved
the applicant no.1 and 2 others filed application for mutation in revenue record under the madhya pradesh land revenue code before the court of tahsildar.applicant no.1 filed affidavit for evidence before the court.subsequently no application made by non-applicants for cross examination,no summons issued by the court for his examination in chief.subsequently he was died without depositing the evidence.
now my query is that what is the evedentry value of deceased affidavit in concern with the civil law and evidence law

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Advocate Rajkumarlaxman (Expert) 29 July 2011
was the affidavit marked as evidence in the proceedings

Querist : Anonymous (Querist) 29 July 2011
yes that was marked as evidence in the proceedings if that was not marked as evidence

M/s. Y-not legal services (Expert) 29 July 2011
No. Without cross examination the evidence can't be treated as a proper evidence. If the deponent died without cross examination mean its not a valid evidence.

ajay sethi (Expert) 29 July 2011
untested evidence is no evidence . i agree with Mr Tom that unless witness is cross examined affidavit has no value

Advocate Rajkumarlaxman (Expert) 29 July 2011
As our expert states i agree to that. but if a power of attorney holder on his behalf is placed on record and files an affidavit that can be accepted subject to the fact that he is capable to be in his [deceased] foot. whereas the evidence on record of the deceased is not valid evidence as it is untested

M/s. Y-not legal services (Expert) 29 July 2011
Thank you sethi sir..

M/s. Y-not legal services (Expert) 29 July 2011
Sorry rajkumar laxman sir, as of your words, a power of attorney can be cross examined for the chief which is given by the deceased deponent? Impossible.

Advocate Bhartesh goyal (Expert) 30 July 2011
Mr tom is very right power of attorney holder can not be cross examined on the chief given by deceased deponent.

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