can a judicial magistrate order to ammend or add somethind in affiadavit sworning before him
Sultan Salauddin Khan
(Querist) 18 February 2009
This query is : Resolved
can a judicial magistrate order to ammend or add somethind in affiadavit sworning before him. Can a judicial magistrate refuse to administer the affidavit on the ground that the matter is not properly written or any thing else. What are the provision as per "Oaths Act". Kindly cite some judgements in this regard.
ARVIND JAIN
(Expert) 18 February 2009
JM IF NOT SATISFIED CAN ORDER TO TO FILE ANOTHER AFFIDAVIT BUT CANT ADD ANYTHING HIMSELF.
PALNITKAR V.V.
(Expert) 18 February 2009
The person administering oath may direct to amend or add something in the affidavit if it is not as per provisions of oaths Act or other provisions governing affidavits or affirmations. I could not find citations.
Tribhuwan Pandey
(Expert) 18 February 2009
As per my knowledge no affidavit can be amended. If some averments or else have been left in affidavit then you may file supplementary affidavit with permission of the court but you cannot amend the affidavit.
AEJAZ AHMED
(Expert) 18 February 2009
DEAR SULTAN,
Our learned friends are right, once you put your affirmations before a Judicial Officer, then, the Judicial Officer neither can refuse to administer it on any ground nor he can order suo moto to ammend or add any thing in the affirmations.
There is no such Provisionin in the Oaths Act for amendment or addition in the affirmations, but you can file, as our brothers said, a Supplementary Affidavit to the earlier affirmations.
Further, if you are thinking about the consequences for ' Omissions or Irregularities in your Affirmations ' then kindly go through this:
Section-7 of the Oaths Act:
Section 7.Proceedings and evidence not invalidated by omission of oath orirregularity.
7. Proceedings and evidence not invalidated by omission of oath or irregularity. No omission to take any oath or make any affirmation, no substitution of any one for any other of them, and no irregularity whatever in the administration of any oath or affirmation or in the form in which it is administered, shall invalidate any proceeding or render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth.
PALNITKAR V.V.
(Expert) 18 February 2009
Where can we find provision for supplimentary affidavit? And if the affidavit lacks of material particulars can't the magistrate refuse to administer oath? e.g. the affiant is not identified by any one or the affiant does not state in affidavit that he solemnly affirms and so on. Will any body guide?
PALNITKAR V.V.
(Expert) 18 February 2009
According to amended CPC every pleading is to be supported by an affidavit. If you carry out amendment in plaint or WS, are you not supposed to file amended affidavit in support of amended plaint or WS? Does amendment in affidavit necessarily mean alteration, addition, erasures etc in the original affidavit i.e. the same paper or does it mean filing of fresh affidavit incorporating amendment? I request the Hon'ble Experts to enlighten me on these aspects.
A. A. JOSE
(Expert) 20 February 2009
I feel that the issues raised by Mr.Palnitkar herein needs to be addressed learned experts please.
PALNITKAR V.V.
(Expert) 21 February 2009
I request experts to contribute their views on my comments dt. 18.2.09
B.B.R.Goud.
(Expert) 23 February 2009
If any Judicial officer is not satisfied with the affidavit which is compulsary with the pleading, he can order to file another i.e. supplementary affidavit, but not accepted or ordered, to ammend the same affidavit by court or any person.
A judicial majistrate cannot refuse to administer, even it is not sufficient.
PALNITKAR V.V.
(Expert) 23 February 2009
My query dt.18.2.09 is very specific. It has remained unanswered.
Kiran Kumar
(Expert) 26 February 2009
also c order 19 CPC for clarification on civil side.
adv. rajeev ( rajoo )
(Expert) 11 April 2009
Magistrat cannot permit to amend an affidavit, because it is sworn, once it is sworn before him he cannot permit to amend. It is not a plaint or written statement to amend.
