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RAVI AGRAWAL (PARTNER)     08 August 2011

Can affidavit be amended?

The Plaintiff filed an application U/s. 151 CPC to amend the affidavit given by him under Order 18 Rule 4 of CPC. The learned judge allowed the application and the plaintiff was allowed to amend his affidavit by overwriting on earlier affidavit. I, the defendant, filed a writ in the High Court against the said order. The high court in its order said that "The order relating to amendment of affidavit is hereby quashed. The respondent (plaintiff) is permitted to file fresh affidavit incorporating the previous facts and amending the claim."

My query with regard to above facts is:

1. Can affidavits on oath be changed or filed afresh?

2. What is the imiplication of the words in high courts order - file fresh affidavit incorporating the previous facts and amending the claim.

3. What does Should i refer the matter to double bench of high court



Learning

 12 Replies

Swami Sadashiva Brahmendra Sar (Nil)     08 August 2011

Order 18 rule 4 is ommitted w.e.f. 1.7.2002. Moreover, it did not relate to amendment.

Provisions relating to amendment can be found under order 6 rule 17. It is notable that pleadings are ammended not the affidavit.

1 Like

AA RAMAKRISHNAN (SR. ADVOCATE)     08 August 2011

An affidavit once sworn in can not be amended in law. If a court ordered to amend it by over writing or over inking is wrong and the order will go.  The contents of the affidavit can be amended or corrected by sworn in another affidavit and the same affidavit can show the circumstances and the bonafide mistakes resulted in a fresh affidavit. But in law both the affidavits are valid and the weightage will be given to  either of the affidavits according to the merits of the case

1 Like

Kiran Kumar (Lawyer)     08 August 2011

a previous affidavit can be allowed to be replaced by the leave of court only.

 

you will find enough judgments which say a proper opportunity be given to the deponent in case some bonafide mistake is found or some techincal defect is found there in.

 

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 August 2011

You can file any no of affadavits but you are bound by it , law does not allow to depart from earlier pleadings.

niranjan (civil practice)     08 August 2011

Order 18 rule 4 is for recording evidence by affidavit instead of oral evidence.Fresh affidavit can be filed  and previous can be replaced with the leave of the court.

adv. rajeev ( rajoo ) (practicing advocate)     08 August 2011

Affidavit is sworn statement it cannot be amended.

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     12 August 2011

I am agree with Sr. Advo. Mr.  Ramakrishnan

R.M.Bhaduri (Lawyer)     12 August 2011

The above views of Hon'ble members are correct, and apart from it my view is that the Hon'ble High Court meant that based upon previous fact  claim to be amended and with a fresh affidavit, it would be futile to refer in the double bench, the order is clear.

HS (MD)     14 August 2011

In a property case, if a daughter had given a false affidavit that she is single inheritor in the property and sold one plot.  This was done in consent with her brother who said that the plot has been willed by mother in her grand daughter's name.  So you do whatever you do.  However, now she wants to use the will document and change the mistake done by her.   Can it be done.  Please revert back.  Will be obliged.

kvss.prabhakar rao (Advocate )     06 September 2011

Dear   The affidavits will not be permitted to amend. Affidavit  is nothing but sworn statment. Once you sworn the same canont revoked. Hence the affidavits are not permitted to amend. The Or 6 Rule 17 permits only amendment of pleadisng alone but not affidiavit. If there is a bonafide mistake found in affidavit in such case the affidavit may aschieve and take permission to file fresh affidavit.

regards

K.V.S.S.PRABHAKAR RAO , ADVOCATE, RAJAHMUNDRY ( A.P )

kvss.prabhakar rao (Advocate )     06 September 2011

Dear   The affidavits will not be permitted to amend. Affidavit  is nothing but sworn statment. Once you sworn the same canont revoked. Hence the affidavits are not permitted to amend. The Or 6 Rule 17 permits only amendment of pleadisng alone but not affidiavit. If there is a bonafide mistake found in affidavit in such case the affidavit may aschieve and take permission to file fresh affidavit.

regards

K.V.S.S.PRABHAKAR RAO , ADVOCATE, RAJAHMUNDRY ( A.P )

Balakrishnan (advocate)     13 December 2017

2011(3)KLT 61 Sc 153 CPC. Amendment of vakalat & affidavit can be permitted. KT Sankaran J.  AIR  1934 Allahabad 810 relied.


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