CONTENTS OF AFFIDAVIT
Srinivas.B.S.S.T
(Querist) 09 August 2008
This query is : Resolved
In an appeal where there are 26 appellants and sole respondent. The sole respondent died. One of the appellants filed petitions under or22 rl4, or22 rl9 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.
Kiran Kumar
(Expert) 10 August 2008
An affidavit belongs to a person only. The deponent can not depose or affirm or declare any fact on behalf of others.
In general practice all the petitioners or respondents are not required to depose in support of a petition, unless and untill separate affidavit is called for or any of them intends to make a different deposition qua a particular fact.
a deponent need not to depose on behalf of others.
praveen kumar
(Expert) 10 August 2008
I agree with Mr.kiran.The affidavits are to be sworn on the basis of the personal knowledge of the deponent.Thus the deponent cannot swear the affidavit on behalf of others .
