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Srinivas.B.S.S.T ( Advocate)     09 August 2008

contents of affidavit

In an appeal where there are 26 appellants and sole respondent. The sole respondent died. One of the appellants filed petitions under or22 rl 4, or22 rl 9 and section5 of limitation act to condone the delay. In all the affidavits accompanying with respective petitions, she sworn the affidavits but it was no where mentioned that she is also swearing the affidavit on behalf of the rest of the petitioners/appellants. Can we say that as she has not sworn the affidavit on behalf of rest of the petitioners/appellants the same is not maintainable? Can I have any citation if possible.


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 5 Replies

rajvinder (lawter)     10 August 2008

if she is swearing regardings  all contents in the petition then no problem . you have not mentioned what the petition contains .of in the petition she is repesenting all the applicants and swearing regarding all contents of the petition then no problem arises


 

Srinivas.B.S.S.T ( Advocate)     10 August 2008

As i have told you earlier the
petitions are pertaining to Order 22 rule 4, order 22 rule 9 and
section 5 of limitation act for condoning the delay in bringing the LRs
of the deceased sole respondent.

Prakash Yedhula (Lawyer)     10 August 2008

If on the reading on the contents of the affidavit it can be inferred that the application is filed on belalf of all the petitioners, then the defect can very well be cured by filing an application for amendment of pleadings.The mere omission to include the words that the affidavit is filed on behalf of other petitioners cannot be put against the petitioners.

Srinivas.B.S.S.T ( Advocate)     10 August 2008

Thnaks for the reply Sir, But as a
counsel for the Respondents/Proposed Parties can I take an objection to
that extent in my counter. Awaiting your reply

Vijay Kumar (Advocate)     10 August 2008

It is not the legal requirement that all the appellants should apply to the court for any relief provided in the statute.




 


                 Consider a hypothetical situation where all other 25 co-appellants are inimical to and are not cooperating with the 26th appellant. In such a case, the 26th appellant in his/her own right can approach the court for any relief. His/her right is independant. He/she does not need to move an application joint with other co-appellants.




 


                  Another thing is that an affidavit is sworn only & only on behalf of the deponent as he /she is making a deposition as to the fact he /she personally knows to be true and correct.


                 Generally, courts are liberal in granting such applications. 


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