Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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NIKHIL SINGH   24 June 2022

Counter affidavit unattested defective

Dear Experts, 

In an IA in a civil suit, the respondents filed a COUNTER AFFIDAVIT. 

It was unattested i.e. there is no signature of competent person or authority attesting it. 

The date is also not complete. The month and year are given, but the DAY is not given. 

The Counsel for Respondents also did not put his signature at the end of COUNTER AFFIDAVIT. 

There are signatures of two respondents on every page and at the end of COUNTER AFFIDAVIT and in the verification at the end. 

The COUNTER AFFIDAVIT contains many lies. 

Is this COUNTER AFFIDAVIT valid? 

Can I file a petition praying the Hon'ble Court to reject the COUNTER AFFIDAVIT? If yes, under which ORDER and RULE of Code of Civil Procedure? 

Please advise. 

Thanking you, 

Nikhil Singh

 



Learning

 2 Replies

Mahi Manchanda   02 July 2022

Hi,

An affidavit which is made the basis or support of a motion or application to an affidavit which is made the basis or support of a motion or application, is known as a counter affidavit. The court can reject the affidavit if it is not properly verified and not in conformity with the rules of the code. At the same time court can also give an opportunity to the party to file the affidavit properly. It will not be valid if the documents are false. You can file a case against the respondents for filing false affidavit against you.  

Filing of false affidavit is an offence of perjury under the provisions of the Indian Penal Code. It is a criminal offence under Section 191,193,195,199 of Indian Penal Code, 1860 to make false affidavit in one’s pleadings or filing false affidavit or false document in evidence before court of law. Further, criminal contempt of court proceedings can be initiated against the person filing false affidavit.

Two modes of rejecting plaint

  1. The Defendant can file an application in the form of Interlocutory Application in any stage of proceedings.
  2. Suo moto rejection under order 7 rule 11. Suo moto means own its own motion the court can itself try a suit under order 7 rule 11 if the plaint fulfils the conditions above discussed.

I hope this answers your question.

Have a good day!

 

1 Like

NIKHIL SINGH   23 July 2022

Dear Expert,

Thank you very very much for your very useful reply. 

Thanking you,

Yours sincerely,

Nikhil Singh

 


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