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Mahesh kumar Orchu (student)     26 March 2023

Chief affidivit

  1. What is CHIEF AFFIDIVIT? Is there any chances to add new pleadings or additional written statements in chief affidavit? I have missed some information in WS now I want to add it in CHIEF AFFIDIVIT is it accepted by the court.



 6 Replies

Adv. Mohit Chahal (Advocate)     26 March 2023

Dear Querist

Affidavit submitted in lieu of examination-in-chief is reffered as Chief Affidavit. You may explain facts in chief Affidavit which were described briefly in WS.

It all depends on what information you missed in WS that you want to add in Chief Affidavit.

Feel free to contact for further clarifications.

Mohit Chahal
District & Sessions Court, Hisar
Phone No. 9968911099



Dr J C Vashista (Advocate)     26 March 2023

What is the opinion and advise of your professoor / tutor /coach qua chief affidavit since I am not inclined to take examination ?

Advocate Bhartesh goyal (advocate)     26 March 2023

No, beyond pleadings nothing can be mentioned in evidence affidavit..

N.K.Assumi (Advocate)     26 March 2023

Plaint does not include evidence, as such, if you have missed some vital facts in your written statements, you can file for amendment of your written statements, provided that the trial has not commence. From your query, it appears that you have not fle your affidavit in chief. 

lalith sasanka   26 March 2023

A chief affidavit is a document that is of a formal character and it is subject to all exceptions of evidence. The document is submitted to support the case proceeding (interlocutory application or the suit filed). The contents of the affidavit contains evidence form any person who can contribute to the proceedings of the case and the contents of the affidavit cannot be amended. However, one can submit another affidavit to make averments to the affidavit.

N.K.Assumi (Advocate)     26 March 2023

Question is when does the "Trial Commence"? Trial commence only and only when the affidavit in examination in chief is filed, and hearng, commence by examination of witnesses, filing of documents etc. If this stage has not been reached, amendment petition can be filed within the limitation permited by the Law. 

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