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V.V.RAMDAS (Advocate)     02 August 2009

Can an Affidavit in chief be amended?

Dear friends,

As per Order 18 Rule 4 plaintiff (witness)submitted affidavit before the court as evidence in chief but subsequently after few days he wanted to amend the same(before x-eamination) .Whether the same is permissible under the law, if ,yes- under which provision of C.P.C.?



 16 Replies

Y V Vishweshwar Rao (Advocate )     02 August 2009

it  is additional Affidavit (  chief /evidence  ) with the permission of the Court ,as futher chief exmination !  amendment of the Affidavit / chief examination  is not  correct  

Adinath@Avinash Patil (advocate)     02 August 2009

no in code of civil procedure to ammend affidavit of examination of chief.there is provision to take additional wittness if require.Affidavit of examonation of chief is not come under c.p.c.rule 6{17).

Kiran Kumar (Lawyer)     02 August 2009

i also believe that an affidavit tenderd as a matter of evidence can not be amended but an additional affidavit can be filed with the permission of the court.

 

mind it compliance of O.19 R.3 has been declared mandatory by various high courts and SC, so take care of provisions of O.19. R.3 CPC while writing affidavit.


(Guest)

In a 138 NI case handled by me, Magistrate permitted affidavit in chief to be corrected by another affidavit despite objection from me on the ground that correction is sought to be made before the cross examination commenced.

Deekshitulu.V.S.R (B.Sc, B.L)     02 August 2009

Dear friends

A pleading can be amended under Order 6 of C.P.C. But proof is different and it was done on oath. The only thing is you can expalin, during evidence some facts which are not there in the affidavit, or give explanation to an admission made in the evidence. In other aspects there canot be an amendment to the evidence already produced.

 

1 Like

grthaker (advocate)     02 August 2009

The affidavit for the chief examination of the witness, is not coming in the defination of the pleading therefore question does not arise for amendment,only pleading will be amend.

Thank you

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     02 August 2009

AN AFFIDAVIT IS  STATEMENT ON OATH AND THERE IS NO PROVISION IN LAW FOR AMENDING THE STATEMENT. IF A PERSON CHANGE HIS STATEMENT WHICH IS INCONSISTANCE TO HIS PREVIOUS STATEMENT IS AN OFFENCE U/S 193 OF IPC.

VIPIN SHARMA, ADVOCATE

337, AKRON KA RASTA, KISHANPOLE BAZAR, JAIPUR-302001

MOB.-9610000043

V.V.RAMDAS (Advocate)     03 August 2009

Many many thanks to  all my friends as you have contributed your valuble opinions. Fittest answer has been  given by Vipin sharma followed by Mr V.S.R Dixitulyu amd grthaker and Kiran Kimar.my special thanks to them.

P.K.Haridasan (Advocate)     20 January 2010

 

 

Affidavit usually sworn or affirmed. It also contain a statement that what is stated above are true to the best of my knowledge, information and belief. Other wise would show the source of information. As such it cannot be amended once put it in writing . 

 

 

 

 

Sanjay Anant Mhatre (President)     21 January 2010

if we carefully read the provision of O.6 R.17 of CPC only pleading can be ammended and pleading means plaint and written staement only hence question of amending affidavit does not arise at all. you must file additional affidavit in the matter

Parveen Kr. Aggarwal (Advocate)     21 January 2010

A Court may permit amendment of an affidavit tendered in lieu of examination in chief under Order 18 Rule 5 of CPC by exercising its inherent powers under section 151 of the CPC in case the amendment sought is a clerical, arithmatical or other error of similar nature caused by accidental slip or omission etc.  

Parveen Kr. Aggarwal (Advocate)     21 January 2010

Read "rule 4" instead of "rule 5"

VIPIN SHARMA, ADVOCATE, JAIPUR, Mob. 09610000043 (Advocate)     23 January 2010

No there is no provision in law for amending affidavit. An affidavit is statement on oath which can't be amended. Additional affidavit may be filed.


(Guest)

Which is the provision under which Additional affidvit can be filed?


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