Whether Petitioner can give evidence by way of affidavit if want to prove the facts/averments?

yogesh (Querist) 23 January 2011 This query is : Resolved
Dear Experts
If the case is pending in any court and the petitioner/applicant is interested to give 'evidence by way of affidavit' to prove certain facts in the absence of any documentary evidence.
Whether he can file the same before the court?
Whether prior permission is necessary from the judge before filing?

or the same can be filed by moving an application prior to the date of hearing?

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Arvind Singh Chauhan (Expert) 23 January 2011
No prior permission required on the date fixed, but permission is required if it is filed before the date of hearing.

yogesh (Querist) 23 January 2011
Sir,
The concept is little bit confusing would you please elaborate?

I mean to ask whether I should intimate the judge on the date of hearing prior to filing evidence by the way of affidavit. If he gives me permission then only I can file the same?

Or the same can be filed by moving an application before the court which will intimate the judge/bench that I have filed the affidavit

Devajyoti Barman (Expert) 23 January 2011
If the case is civil then no prior permission is required as under Order 18 Rule 4 of CPC it is the way by way of which you could file your evidence. In criminal cases there is no such procedure unless permissible by any Statute of Rule of that Court. For quasi criminal cases you could ask for such permission like cases u/s 125 crpc or proceeding under Domestc Violence Act. Even in aproceeding u/s 138 NI Act evidence on affidavit is permissiible.

DEFENSE ADVOCATE.-firmaction@g (Expert) 23 January 2011
Just affadavit is not sufficient , it must stand the scrutiny of cross.

SANJAY GUPTA (Expert) 23 January 2011
Agree with Mr. Shashi kumar

M V Gupta (Expert) 24 January 2011
Agree with the experts.

R.venkatesh Naidu (Expert) 24 January 2011
Order 18, Rule 4: RECORDING OF EVIDENCE:
1. In every case, the examination-in-chief of a witness shall be on affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence.
Provided that where docuiments are filedand the parties rely upon the documents, the prof and admissibility of such documents which are filed alongwith affidavit shall be subject to the orders of othe court.
and Order XIX Rule 1 to 3 explains the above matter.