Filing Evidence way of Affidavit
yogesh
(Querist) 23 August 2009
This query is : Resolved
I have filed the Application in the C.A.T. along with the supporting affidavit.
Can I file the evidences by the way of affidavit separately?
Please inform whether the directions of the court is necessary before filing such affidavit or party in his own interest can file for the same?
I have already attached the annexures with the main application. Can I attached annexures in the said affidavit which comes in to my knowledge after filing the main application?
Regards
Adinath@Avinash Patil
(Expert) 23 August 2009
Dear Yogesh,
Yes you can file evidence by filing separate affidavit.
It is procedure to apply for permission when you want to adducing additional evidence in the matter.
Party can file affidavit/affidavits to prove his case.
you can attach annexures in the affidavit which come to know your knoledge after filing of the main application.
Sarvesh Kumar Sharma Advocate
(Expert) 23 August 2009
yogesh,
whn u file affidevit with yr plaint dn it was d supporting document but on d time of evidence seperate evidence is must however it can be an affidevit also.
Kiran Kumar
(Expert) 23 August 2009
Mr. Patil has advised correctly, one more thing I intend to add is that whenever you prepare an affidavit, make sure you comply with the provisions of O.19 R.3 of CPC.
the provision deals with the defective verification, if an affidavit is not verified properly then it can be rejected outrightly.
SANJAY DIXIT
(Expert) 23 August 2009
Rightly opined by Mr Prabhakar.I agree with the views made by him. Provisions of civil Procedure Code are not to be followed in tribunals in such manner as in civil courts.
THE ADMINISTRATIVE TRIBUNALS ACT, 1985
S.22. Procedure and powers of Tribunals –
(1) A Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.
yogesh
(Querist) 24 August 2009
First of all thanks for posting your valuable comments. I do agree with the comments posted by the experts Shri Sanjay Dixit and Shri Prabhakarji But if the counter affidavits have not been filed by the Respondents then in that case whether Affidavit is admissible in place of the Rejoinder affidavit?
or Applicant will have to wait till counter affidavit filed by the Respondents in order to file the Rejoinder Affidavit?
Regards
Sachin Bhatia
(Expert) 07 October 2009
Yes you can file evidence by filing separate affidavit.It is procedure to apply for permission when you want to adducing additional evidence in the matter.
