Evidence through an affidavit

x (Querist) 01 April 2012 This query is : Resolved
The case it at the stage of Defence Evidence. I have been told that the Defendant's evidence should contain as much of the suit as possible to avoid the judge ignoring the oral and/or written arguments when the suit comes for arguments.

What would you experts advise.

Thanks in advance.

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V R SHROFF (Expert) 01 April 2012
ALL NECESSARY POINTS SHOULD BE COVERED TO DEFEND ACCUSED.
Going thru evidence of Prosecution, as many of his law points can be finished off, should be included to win the case
It all should be included in written arg.

adv. rajeev ( rajoo ) (Expert) 01 April 2012
whatever your defense it should come in the chief affidvit

ajay sethi (Expert) 01 April 2012
affidavit of evidence should contain all the particulars necessary to rebut the claim of the plaintiff . if you have any documentary evidence in support of your case it should mention in detail the circumstances under which letters were written , contents of the said documents and affidavit should be the by the author of said document.

Kiran Kumar (Expert) 01 April 2012
the technical point is that the evidence cannot be beyond pleadings.

you need to disprove whatever allegations imposed against you and have to prove your own defence.

your depositions must be supported by some cogent proof, may be oral or documentary.

finally the affidavit must be in compliance of the necessary provisions of CPC otherwise the same may be rejected.

R.K Nanda (Expert) 01 April 2012
State all ur defenses in ur affidavit if ur adducing evidence by way of affidavit.

niranjan (Expert) 01 April 2012
There cannot be variance between pleading and proof.

Nadeem Qureshi (Expert) 02 April 2012
I agree with experts, nothing left to say

Guest (Expert) 04 April 2012
Of course evidence through affidavit should be exhaustive, but would still remain to be subject to cross-examination by the opposite party on the points included in the evidence.

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