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Kunal Sarkar (Legal Practitioner)     30 January 2012

Validity to submit affidavit-in-chief under order 18 rule 4

In a Civil Case the Plaintiff Advocate submitted two Affidavit-in-Chief before the Court and the Date of swearing of two Affidavit-in-Chief was swear on 21-01-2011 and the same was submitted before the Court on 19-12-2011 and the next date fixed for cross-examination of those witness.

Now my question is that ;

1.  Whether there is any Limitation to submit Affidavit-in-Chief under Order 18, Rule 4 of CPC after its swearing ?

2. Is those affidavits-in-chief's have any legal force and acceptable as evidence  ?

3.  Whether there is any law in this aspect ? 

 

Kunal Sarkar, Advocate.

Bongaigaon, Assam.

 

  



Learning

 6 Replies

niranjan (civil practice)     30 January 2012

Whatever the date of submission,but when he enters in the box,he will have to verify the affidavit on oath. and then only it will be evidence and not before that.

Shantilal Pandya ( Advocate)     30 January 2012

no limitation  prescribed, it is acceptable  as evidence in chief , amended cpc permits leading examination in cheif through  affidavit

kvss.prabhakar rao (Advocate )     04 February 2012

Mr Shanthi lal Pandya is correct.

BABULU (NA)     22 March 2014

Sir, any good format is required

Babulu

Dr. Shekhar (Phd)     26 September 2015

Order 18 / Rule 4. Recording of evidence by Commissioner.-

Can we apply under this rule for recording of evidences and examination of witness while one is overseas and can't come to India?

prof s c pratihar (medical practitioner &legal studies)     27 September 2015

Present practice is witness ld judge both party lawyers will be present as known to all.as question of examination cross exm and re exm are there. Thanks dr


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