superfast munnabhai (trainee) 25 October 2010

No Afidavit filed for WS. Is WS liable to get rejected?

Same doubt in regards to 'reply to interim application' also.

The reason for askng this question is that.

Other party has described about the 'private discussion' between only two of us and 'mutual decisions' taken by me(respondent) and the other party(petitioner) together in the past. But she is denying those now in petition as well as interim applications.

Other party gave it on oath as 'supporting affidavt' for the application.

I denied it crisply in writing vide WS/reply, but have not filed any affidavit. I do not want to do it unless it is mandatory.

I understand that 'Petition::WS' and 'Interim Application::Defendent's Say' pairs are used merely for framing of issues or further argument respectively.

Please advise. once fo all.

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6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 October 2010

Mr. Munnabai,

An affidavit is a declaration as to facts, made in writing sworn before a person having to administer an oath.It must be a declaration made by the deponent only

1 Like

kranthi (retainer advocate) 28 October 2010

Recent amendment made with WS u have to file affidavit

1 Like

prof s c pratihar (medical practitioner &legal studies) 29 October 2010

no harm if both verification and affidavit is filed. affidavit is mandatory.

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 29 October 2010

Affadavit essential submit now.

1 Like

superfast munnabhai (trainee) 29 October 2010

Adv Shashikumar Sir, and All others Adv.,

I thank you all for all your firm and clear answer.

I would immediately print all the affidavits. There are total 9 affidavits in one day!!

Adding one standard para as (Affidavit) before main the text and as a (Verification) at the end , and then printing it again is not a big task for me.

Do I need to have the same earlier lawyer to sign as a witness? B'cos my earlier lawyer was there with me when we filed my WS etc, it's a long time after that.

There will not be any difference in the affidavit and the WS (not a single word be different or mismatching)

Who all are eligible as a witness.

valentine (Advocate) 30 October 2010

In WS, the opponent or the respondent refutes each and every point raised by the peitioner/complainant whereas in absolute affidavit only facts are declared and then in support documents may be annexed. The Affidavit must be in the first person. Whereas WS is a list of objections and denials. What is actually the forum is discussing here is perhaps the verification and short affidavit at the end of the WS, but is it mandatory at tiral court level?