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Pvt_RajKing (Private)     08 September 2010

Can Affidavit in Chief be filed via Regd Post?

We have a situation wherein our lawyer is not willing let us (defendant) file a Affidavit in writing as per the amended CPC. But we wanted to file it anyways and thus wanted to know if we can file the same via registered post (civil Court).

Thanks



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 3 Replies

Mugundhan (Lawyer)     08 September 2010

when there is some misunderstanding it is better to change the lawyer. But Affidavit in cheif cannot be filed by post, because u have to be present for marking the documents and for cross examination.

Kiran Kumar (Lawyer)     08 September 2010

certainly not by post, the statement of the witness is to be recorded to the extent that he is tendering evidence by way of affidavit and such a statement is to be signed too. the court may also compel the cross examination of the witness instantly.

 

so better change the lawyer if u r not satisfied with his services.

vishwanath Joshi (advocate)     08 September 2010

Hi

Affidavit or examination in chief canot be send by post because its u r sworn statement and before filing you have to take a oathbefore court saying that its my affidavit.so if possible try to communicate to u r advocate and proceed.


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