Manjit Singh (NA) 03 November 2010

Filing affidavit without coming to court

Hi Folks

Please tell me if my lawyer is misguiding me. I want to file an affidavit in the court (in my PWDVA case) on the next date (a week away) and my lawyer says I have to physically come. I told him that I'd even pay him Rs 1100/= for the filing the affidavit but he says I have to come to file it.

I know the Oath Commissioner process etc., but can't it be done in another city, so that a litigant can stay away and still make a filing?

How can I file an affidavit in this case without being physically present?

I have heard of people mailing their statements to the courts via registered post , but I don't know the process.

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4 Replies

Arup (UNEMPLOYED) 04 November 2010

your personal presence is must for the affidavit because you have to sign in front of notary, also you have to sign in her register.

sometimes advocates prepare another person and that person sign on it. actually it is personation, illegal and punishable offence.

here your advocate done the right thing.

do not think court is a horor, it is a simple office like other offices of govt.

feel free to go there. it is your court, who will provide you just.

1 Like

Manjit Singh (NA) 04 November 2010

I live far away from the city where the case is going, hence my question.

valentine thakkar (advocate) 13 November 2010

It is the best to get the affidavit done in presence of the deponent; that's the common practice. The registrar or the notary may insist on presence of the deponent. However, when the advocate signs as knowing the signatory affidavit can be done in absentio. However, the judge may insist on petitioner's presence if he so desires. Besides after presenting the affidavit, the opponent advocate may ask for time to prepare for cross examination as he may not be able to examine the witness/petitioner accurately without properly studying the affidavit.