Affidavit filed by the Defendant.
pratik
(Querist) 24 February 2011
This query is : Resolved
Written Statement by the Defendant & Written Statement by the Plantiff in any cases or Affidavit filed by the Defendant or by the Plantiff what will be the major difference which one will be more important in it. Also can any body tell me in which cases a party has a right to file a Written Statement or he has to file complusory Written Statement & the affidavit is not excepteable or not allowed. Also i have heard that when a Written Statement is submitted than affidavit is not required and if the affidavit is submitted than Written Statement is not required i need a hole information of Written Statement when to file who can file how can objective it what are the court has the powers and the judge has the powers when a Written Statement has been filed at what stage the Written Statement should be filed complusory and if filed is more benefial to the party (in short ever thing about the Written Statement & the affidavit which one is more useful). AS per which section or any case laws the above mentioned info i will get or it says.
PLS TELL ME THE MEANING & ANSWER OF THE QUERY.Pls Pls Pls.
Thanks In Advance.
God Bless U All.
Amit Minocha
(Expert) 25 February 2011
Order VIII CPC delas with written statement. Plaintiff doesnot file any written statement under the law. Affidavit of both the parties has equal value and there is no discrimination under the law. In all civil cases parties have right to file WS besides in petitions under Section 125 CRPC WS is also filed. An affidavit in support of WS is also to be file along WS. WS shows the defence raised by the defendant / respondent which shall be needed to prove the case by leading evidence thereof. Non filing of WS may lead to presumption that the defendant / Respondent has nothing to say in reply to the suit.
M V Gupta
(Expert) 25 February 2011
Plaintiff files Plaint, not written statement. Order VII of CPC deals with the Plaint(Pt) and its contents. The defendant files written statement(Ws). Order VIII of the CPC deals with the Written statement and its contents. Affidavit is a sworen statement filed along with the Pt as well as the WS confirming the truth of the statements contained in them. Affidavits are also filed as evidence in support of the contentoins of the parties.
Sri Vijayan.A
(Expert) 01 March 2011
Nice Explanations by Amith and Gupta
