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Amita   21 August 2021

Is an additional affidavit-in-chief legally permissible

Hello. I need some clarification and help.

In a Domestic Violence case, the Petitioner filed Affidavit-in-Chief. Then, on the day of her cross-examination, she filed an additional Affidavit-in-Chief.

The Respondent raised his objections on this. The Trial Court rejected the additional Affidavit-in-Chief, and cross-examination of the Petitioner began.. But she then filed the Revision application in the Sessions Court which also failed. The Court stated that there is no provision in law for an additional Affidavit-in-Chief. Now the matter is in High Court and her cross has not proceeded since.

 

My question is : What is the legal position on additional Affidavit-in-Chief ? Is it legally permissible ?

Thanks

Amita

 



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     21 August 2021

If new facts emerge after filing Chief, it is the duty of the parties to bring to the notice of Court through additional affidavit, with those documents that were discovered that were suppressed by another party in the suit.  The court may its discretion on the basis of facts stated in the affidavit.  Apart from technical objection through the counter, what is your counter against such an affidavit ?  

P. Venu (Advocate)     22 August 2021

What is the reason for additional affidavit?

Amita   24 August 2021

Thank you so much for the reply to both the Seniors.

The additional Affidavit-in-Chief was actually filed as a protracting tactic. The Petitioner wanted to delay her cross-examination (as related matter is going on in the High Court). 

While no reason was given by her before the Ld. Trial Court, such an explanation (or excuse) only appeared before the Sessions Court where she has blamed her Advocate for this "error". According to her, she had given all the instructions to her Counsel the previous day. However, her Advocate erroneously took a print-out of the previous version and also forgot to annex certain documents. When she allegedly brought his attention to this fact (in the Courtroom - something that never happened, btw), he assured her that he would file an additional Chief on the next date and so she remained silent.

Both - the Trial Court and Sessions Court have rejected her application to allow the additional Chief. The matter is now in the High Court where she keeps blaming her Advocate (no longer representing her before the Trial Court).

Please note that the same set of incidents happened in the Family Court, and that too, just a few days before this matter. She desperately wanted to delay her Cross. Same Advocate, same parties, same exact set of incidents.

Isn't that too much of a coincidence ? And more specifically, Abuse of Process of the Court ?

Look forward to your guidance.

 Thank You

Amita

 


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