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VIJAY K. TEOTIA (ADVOCATE)     25 May 2010

Additional affidavit

In a suit of damages before civil court parties agrees for compromise. respondent filed an affidavit before the court. later on respondent realised that few words have been mentioned in affidavit are against the respondent company. however court also directed for appearence of the deponent in person and also to file a compromise deed before the court so that the case may be dispossed off. my question is that what remedy is available to rectify the affidavit already filed. whether:

1. An additional affidavit may be filed with the prayer that certain words have been mentioned in earlier affidavit by mistake/typing error and not to be read.



Learning

 3 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     25 May 2010

yes it can be done, by filing affidavit of rectification of error in earlier affidavit 

Ayush (Advocate)     25 May 2010

An addtional amended affidavit with an application mentioning the mistake done in the earlier affidavit, would be suffecient to convince the court.

Daksh (Student)     26 May 2010

Mr.Vijay Teotia,

It is advised that after making a oral prayer the statement to this effect can be recorded based on which the court can allow expunging of averments in the affidavit which can not only save time but is also equally efficatious.

Best Regards

Daksh


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