Sir
If a builder inorder to avoid future liability takes an affidavit from the customer upon refund of principal money wiith intent to disentitle him from (1) demanding interest (2) keep company absolved of its liability. Is it a valid affidavit & tenable in law. Does section 28 of the Indian Contarct Act 1872 not invalidate such affidavits? Regards
Siddharth Srivastava (Advocate) 20 September 2017
There is no life or period of limitation of an affidavit and is valid for the purpose of reason or question evolved as and when arise in respect of which asffidavit was executed. In the given circumstance the affidavit is not of any use as the same is executed under force and coercion. Section 28 deals with restriction on the right of a person in exercising his right. So as such evidence though strictly not hit by section 28 of contract Act.
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