Affidavit required for Written Arguments?

Affidavit is a document sworn in by the affiant, to explain the facts which are within his own knowledge which cannot be proved otherwise, or which depend upon a document from which he gains that knowledge and which document is not filed before the court or which are the result of opinion he has formed based on the source of information which he alone knows.  On the contrary, written arguments are the conclusions which can be drawn from the concrete evidence adduced by the parties before the court.  Hence, written arguments are not required to be made in the form of an affidavit nor they are required to be verified.

to me the best format should be start wtth the heading AFFIDAVIT. that the plaintiff/ petitioner       1i beg to submit a written argument as under:then u start1. 2. 3. etc last of all  DEPONANT.remember if you submit written argument , u are circumscribed there only.u can nottell more which is not in yr written argument.

AFFIDAVIT IS MANDOTARY PROVISION WHEN YOU FILE WRITTEN STATEMENT ON THE RECORD ,

Thanks Adv. Deepak.  Makes sense.

Prof, I am confused by your reply, why should one inscribe the document as Affidavit if what Deepak says is correct?

Vishal, please note that the query relates to Written Arguments, not to Written Statement.  I am aware that these are two completely different things!

Mr Deepak is right. Affidavit is not required in support of written arguments. written arguments can be submmitted at the time of oral argument with the permission of the court.  a copy of the same is to be furnished to the opponent.  

whartson"sLawLexicon1976 reprint------arguments are of four types 1)argumentum ad verecundiam 2)the second is to require the adversary to admit what they allege as a proofor to require a better,this he calls  argumentum ad ignoratiam.(my impression this second catagory where admission is called for according to order 11 cpc  affidavit is required since this is to be given in writing).for academic necessity the third type of argument is called argumentum ad hominem.the fourth variety is called argumentum ad judicium.except second tyoe it is not mentioned whether others are are oral or written argument.with all these highsoundingdiscussion nowhere it is prohibited and or any harm will arise if such written argument is affiremed before submission.sr members are requested to enlight further.

Dear Pratihar Sir,

Who says that an affidavit will invalidate the arguments! It is simply submitted that written argument need not be filed in affidavit form. Then why to indulge in unnecessary and confusing procedure ! endorsement of affidavit on the order sheet will create a confusion before the court as to what this document is.

So far order 11 is concerned, it is regarding procurement of evidence and not the written arguments.

My query was in the context of the courts procedural requirements, as I could not find anything about this in the Bombay HC Orig. Side Rules.

O.18 R.2[3-A,B,C] also does not specify that the Written Arguments should be in the form of an Affidavit.

With due respect to all, I think Deepak is right. 

Thank you Prof Pratihar Sir !

No need to file any affidavit alongwith the written arguements.

No,written Arguments is not required to be in the form of an Affidavit.

Sirs,

 I have filed a complaint inthe consumer court,regarding the non performance of the builder. The fact of the case is that I,as the father of my NRI son, booked a flat on my son's name ,and I paid the advance of Rs.1 Lakh as cheque signed by me. The buider gave receipt to me and alsoconfirmed the boking . For the past three years they ahve not doneanything to start the project. I filed the complaint,with all documents to support mycase. The opposite party is taking the pleas since the flat is booked on my son's name, I do nothave the right to complain, as theflat is booked onmyson's anme. Now the case has reached the argument stage.

1. Iwill be obliged if anone can advise me: 1. can I submit my writtenargument , dioes it require inthe affidavit format or not. 2. can i produce a Power of attorney from my sonwho has just arrived onleave fromabroad. 3. Do I bned to first court permission to  file the additional document I.E. Thepower of attorney.

Please advie, Thanking you, Sincerely C.Sethu.

affidavit is no at all necessary