Is additional affidavit-in-chief permissible in law


Hello. The Petitioner filed Affidavit-in-Chief in a Domestic Violence case. Then, on the day of her Cross-examination, she filed additional Affidavit-in-Chief. No application seeking the permission of the Court was filed on that day (it was filed later). The Respondent submitted written objections to the Court the same day.

 

Does a litigant have a right to file additional Affidavit-in-Chief ? Is this permissible in law ? Also need citations if it is not so. 

 

The Code only provides for Affidavit-in-Chief, and then Cross-examination, but not additional Affidavit-in-Chief.

 

Thanks

 
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Retired employee.

The court at it's discretion may permit such additional affidavits, if news facts came into light or some vital facts were overlooked inspite of deligence.  The opposite party can only resist such affidavit.

 
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Advocate

Whatever the decision of the Court, the depositions in the proof affidavit cannot travel beyond the pleadings in the original petition.

 
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Lawyer

It is permissible.

If you feel  it is advisable to consult a local prudent senior with relevant records for proper analyses and advise .

 

 
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