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(Guest)

Section 80 CPC: Affidavit Vlidity

I am filing a suit under Section 80 Code of civil Procedure. I do not have a lawyer and am representing myself.
I got my affidavit signed by gazetted officer. Will this do in place of notary/ lawyer signature?
I am sure you are wondering why I cannot get qualified legal counsel. I had, and the lawyer gave me a false case number to extract money out of me, gave me false dates and after threatening to sue my own lawyer I got my money back from him. Therefore, I wish to fight my own case.
Thank you for your reply in advance,
Uma



Learning

 21 Replies


(Guest)

Sorry for typo "Affidavit Validity"

niranjan (civil practice)     12 October 2010

Sec80 is for giving two months notice before filing the suit against the govt. and sec.80(2)is for waving the notice and taking the suit on register. Affidavit before govt.officer would not serve the purpose.


(Guest)

I have served the notice more than 2 months ago through my lawyer. I realize that I will have to sign affidavit in presence of the court clerk. So a lawyer will have to be present to sign in court, and if not, they will not admit my appeal?

R.Ramachandran (Advocate)     12 October 2010

For signing the Affidavit before the Notary, the presence of a lawyer is not required.  Affidavit is required only for supporting the contents of Miscellaneous (i.e. interim) Applications in the Suit.  Otherwise, only VERIFICATION is required in the main suit.  Please check up. 

Go ahead,All the Bests.  Let this be a good prelude to your becoming a full fledged lawyer soon.


(Guest)

Hi R Ramachandran, thank you for reply. My situation is like someone thrown in the sea, I have to learn to swim..otherwise the babus in court will eat me for lunch.
I understand that your time is valuable. Are you in Pune?
I realize that the affidavit will serve to verify the facts/ contents of my appeal draft. From your reply, it seems that I need to get the affidavit notarized and that will serve as the verification needed for filing my suit (appeal) with affidavit.
I respect the knowledge and experience of lawyers in this forum. Sadly, my experience with lawyers is different.

I already wrote about the lawyer who gave me a fake case number. After that I went to another lady who did not answer my phone or emails and it was very hard to get hold of her. I decided to take matters in my own hands.
 

R.Ramachandran (Advocate)     13 October 2010

Dear Uma,

I am placed at New Delhi.  Uma, one time you say you have to file a suit u/s. 80CPC at other times you are talking about Suit(Appeal) - please clarify.

Yes, I agree that you have to learn the ropes.  But believe me, the Court clerks would definitely help you.


(Guest)

Dear R. Ramachandran,
My suit has not been filed I don't have a case no. The notice has been sent and I have prepared all the documents, that is the appeal (draft) and affidavit. The clerks in court told me that I have to have a lawyer's or notary signature on the affidavit. So I am stuck there! :(

R.Ramachandran (Advocate)     13 October 2010

You can get your affidavit typed. Go to a notary who will be in the court premises.  Present the paper show your identify card.  Sign the affidavit in his presence.  He will notarise and give it back to you.  That's it. 

1 Like

(Guest)

Thanks for that!! I didn't know it was so simple. I have got many documents notarized before but the clerks make it seem like an impossible task and I actually heard them laughing at me when I was sitting outside wondering where to get a lawyer to sign my affidavit - and they're the ones who pulled the gazetted officer joke on me and my dad went and got it signed by a gazetted officer.  

DR.SANAT KUMAR DASH (Eye Specialist)     13 October 2010

DEAR   UMA, 

                        AFFIDAVIT    SIGNED   BY     THE   GAZETTED   OFFICER   IS    NOT   VALID.     IT   MUST   BE    NOTORIZED  @   A  NOTARY   PUBLIC    IS    ENTITLED     TO     SIGN..........WHICH   IS    VALID    IN    THE    COURT    OF   LAW.

1 Like

(Guest)

 

Dear Dr. Sanat,
thanks for the clarification! :)

RITURAJ SINGH SANDHU (LAWYER)     13 October 2010

u must hire a advocate

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 October 2010

Knowing the law and how the law works are two defferent things.


(Guest)

This query has been resolved.

 
 


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