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Pushkar Kumar Vaish   13 January 2023


can a witness file evidence on affidavit in sec.125 crpc when presiding officer is on leave in when opponent is not present before court?


 3 Replies

Advocate Bhartesh goyal (advocate)     13 January 2023

No, evidence affidavit is considered as examinaion in chief and no any examination in chief and cross examinaion can be taken in absence of presiding officer.

1 Like

R.K Nanda (Advocate)     14 January 2023

no proceedings take place when PO is on leave and cases are simply adjourned to next date.

1 Like

Adv. Mohit Chahal (Advocate)     20 January 2023

Dear Querist

Generally Court adjourn the matter if Presiding officer is on leave but in certain areas the charge of that Court may be given to other Court for hearing and then it would be possible for a party to file Affidavit in evidence.

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


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