RAMBO 15 June 2009

Can affidavit be given as an evidence

Dear all,

In a Civil Case I was summoned to appear before court and give evidence of the facts. But because of my ill health I cannot appear before the court and give evidence. In this respect I would like to send my witness in the form of an Affidavit. Can I do so?

If I do not attend before the court, nor give any evidence what are the consequences?

Pl clarify

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14 Replies

Swami Sadashiva Brahmendra Sar (Nil) 15 June 2009

In Writ proceedings , Affidavits, counter-affidavits and rejoinder-affidavits filed by the parties constitute not merely their pleadings but also partake of the character of evidence in the case.—S.P. GUPTA V. U.O.I. AIR 1982 SC149

N.K.Assumi (Advocate) 15 June 2009

In addition to Dr.Tripathi, let me add that, If your case is in the lower court you can resort to Order XXVI of the CPC for issue of commissions to examine you.

adv. rajeev ( rajoo ) (practicing advocate) 15 June 2009

U cannot send your affidavit by way of your examination chief. U have to appear before the court to sworn the affidavit and to take the oath in the court.

U can get appoint the court commissioner to record your evidence. If u r a wittness then party will have to file an application to appoint the court commissioner to record your evidence.

Ajay kumar singh (Advocate) 15 June 2009

Mr. Assumi is correct.

Ajay kumar singh (Advocate) 15 June 2009

Mr. Assumi is correct.

Kiran Kumar (Lawyer) 15 June 2009

all my Ld. friends are correct....but one thing i must add, before giving affidavit in the form of evidence make sure u comply with the provisions of Order 19 Rule 3 CPC. i.e. u ll ve to verify the paragraphs coming out of knowledge and belief and advice distinctly.

ur local lawyer will explain the things to u.

RAMBO 16 June 2009

Dear all,

Thanks to you all for your interaction to address the issue.

However I would like to know what are the consequences if I do not appear before the court to give any evidence in a civil case.

Pl clarify.

RAMAN KUMAR BHARDWAJ (LAWYER) 16 June 2009

Mr. Madan is expert in affdiavit formation

Abhishek (Advocate) 19 June 2009

I agree with Mr. Rajeev, it is mandatory to appear before before the court for swearing of affidavit and in your absence it cannot be done so....

Sushil Kumar Bhatia (Advocate) 22 June 2009

In civil proceeding the examination in chief can be given on affidavit in evidence as per ammended CPC Or.xviii rule 4 the court can appoint commissioner for examination of such person under or xviii rule 4 sub rule 2 CPC

Minkie (Service) 23 June 2009

Originally posted by :RAMBO
"	Dear all, Thanks to you all for your interaction to address the issue. However I would like to know what are the consequences if I do not appear before the court to give any evidence in a civil case. Pl clarify.	"

Adverse inference will be presumed

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 29 June 2009

I do agree with the views of my all ld. friends.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 December 2009

Mr. Rambo,

In Sunil Masish vs.Elizabeth Daisy Masish, 2001 (3) RCR (Cri.) 630 9M.P.), it was held that affidavits will not be accepted as evidence unless the statutre permits the same.