LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

samirbharani (associtae)     29 February 2012

Filing an affadavit of examination in chief


i have filed a suit aginst a restaurnat ... i had made an rti aapliactin to the health deparment asking for the inspectioon report of the restaurant...from thier it has come to my knowlege that the restaurnat.who has infringed with regard to the duct system. and the infringemnt in license conditon is prsucted in the another court..

i have one day to file an afidavit in the court  againts the resturant....how do i put forth this point in the affdavit agants the defanndants....????????

i feel this is an impotant point againt the restaurat ...and my lawyer is not very helpfull.... plz help/..


 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 March 2012

To reply your question plaint copy is necessary.

samirbharani (associtae)     01 March 2012

there is no mnetion of this point in theplaint copy........

should i write ...???..i state that the defandants have infringed with bmc licnese conditons & are prosecuted by the mcgm....i stae that the infringemnt is causing nusiace and air pollutin in the nearby surroudings,

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     01 March 2012

if lawyer not helpful, change the Lawyer. 

Apply to grant time to file your Affidavit, as you need more time to obtain informations necessary to file Aff. Court will grant it. Apply Adjournment for it. 

At the mosr Court may impose COST on you of say Rs. 200/-

Damayanti (Unemployed)     01 March 2012

It clearly falls under 'new facts which were not included in the petition'


One can't simply travel beyond pleading 


There is procedure for any such thing. else your plaint liable to be dismissed.


Ask for 'leave to amend pleading' and also mention that amendment is nothing but 'only addition' and 'no deletions at all' as such,

reasons:- 'only to augment and foster the earlier pleading as new facts are very material and relevant'.

Also narrate why you couldn't  do the 'reasonable due diligence' and how the things were 'beyond your control' else your you would  have never missed such a relevant fact right in the first place.


And make a very humbly worded plea.

Also ask for additional time to submit exam in chief owing to above as other party needs to give reply/objection to both of your 'leave to amend pleading' coupled with 'contents of amendments'

better make two applications.

there is no limitation and matter hasn't substantially progreesed, exam in chief also not concluded i.e. 'evidence stage' isn't even commenced.

Finally in your app, don't forget to state irreparable loss if you are deprived the opportunity to amend your pleadin to add new details.

Be ready to pay costs (costs aren't charged for reasons to be recorded and especially to plaintiffs)



Once that is through and your amended version is included in your plaint, then you can do as you stated.



girish shringi (advocate)     01 March 2012

Damayanti has given detailed advice in the case.


Follow accordingly.

venkatesh Rao (Retired Government Servant)     01 March 2012

Damayanthi  ji,

I wholeheartedly appreciate the way you have put the things in the form of advice.  There is a saying that facts shall not be suppressed from doctors and lawyers. The querist has not given full factual aspects of the case.

Suppose the suit is for recovery of money,  of what help would be the fact of prosecution pending against the defendant?  

Even if the suit is for removal of some obstacle, injunction restraining the restaurant form doing something detrimental to the interest of the plaintiff or any other type of suit, the fact of pendency of prosecution for violation of license condition will not be a fact on which the suit stands based. At the most, it would be an additional fact that may go a long way against the defendant, and the production of certified copies would be sufficient as this not the only fact on which the suit is based.  It can be an additional evidence and there is no neeed to insert in plaint. 

In my opinion, suffice it would be if this fact is brought in evidence by producing certified copy and prove this fact as an additional piece of evidence.

Dr J C Vashista (Advocate)     02 March 2012

I think Damyanti is making air-vessles without knowledge of facts of the case, documents relied upon, type of evidence and witness(es), strategy adopted by the Plaintiff's Counsel so on so forth.

Samirbharni has righly been advised Mr. Shroff to change lawyer, if lost faith, trust and confidence.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register