joint affidavit
vinod bansal
(Querist) 28 June 2009
This query is : Resolved
Sir
whether joint affidavit/declaration by two persons on a single (10 Rs. stamp paper ) affidavit sworn before executive magistrate is valid or not.
Kiran Kumar
(Expert) 29 June 2009
well there can not be a joint affidavit.
in an affidavit a person is supposed to depose facts to the extent of his knowledge.
and all scuh depositions shall be clear and precise.
two separate individuals may be in knowledge of similar facts but their affidavits have to be separate.
afterall an affidavit is on oath....it takes the nature of evidence.
Kiran Kumar
(Expert) 29 June 2009
sorry for incomplete reply
pls check Order 19 of CPC in this context esp Order 19 Rule 3 CPC
Jayashree Hariharan
(Expert) 29 June 2009
joint affidavit is valid, but pls be sure if the affidavit has to be done on Rs. 10 stamp paper. In karnataka it is on Rs. 20 stamp paper.
PALNITKAR V.V.
(Expert) 29 June 2009
I think the CPC governs only those affidavits which are to be filed in courts. The question is not clear whether the affidavit is required in court proceeding or otherwise. If it is not to be filed in civil proceedings, then the provisions of CPC may not be applicable. Hence, I am of the opinion that joint affidavit, unless prohibited, can be filed provided that the affiants have personal knowledge of the facts narrated therein.
