Additional affidavit become part of record without court order
Raman
(Querist) 16 September 2012
This query is : Resolved
Sir,
In one case Ld CAT has directed respondents to produce the recruitment file but they misplaced the file and stated that they want to file the additional affidavit which the court has refused
But the respondent has filed the additional affidavit.
When I inspected the case file, I shocked to learn that additional affidavit has now become the part of record and has the numbering( without any court order)
I suspect that this may have been done by the court registry/record cell on influence of the respondents
Whethr in such case whether any application under rules is advisable that additional affidavit should not be the part of records??
Devajyoti Barman
(Expert) 16 September 2012
File a petition u/s 151of cpc and ask for rectification of the order from the Tribunal.
PARDEEP KUMAR
(Expert) 17 September 2012
Dear Raman
Did you inspected the file as per proper procedure?, if yes, and as you have stated that Hon'ble C.A.T. has refused to take additional affidavit on record, you can bring the fact to the knowledge of Hon'ble C.A.T. then and there in next date of hearing, or you can file a I.A. to bring that thing to the knowledge of Hon'ble C.A.T. with a specific prayer for disallowing the said additional affidavit, you can also ask for imposition of costs upon the party concerned obviously a Government Department.
RAJU O.F.,
(Expert) 19 September 2012
If the refused additional affidavit is illegally become part of records, please bring it before the notice of the Court.
