Affidavit in evidence - examination in chief.

JAIME (Querist) 11 February 2018 This query is : Resolved
Sir,
Kindly advise me as soon as Affidavit in evidence is filed in a suit and before commencement of Examination in Chief is it necessary that the Opposite party files its Counter affidavit? How to proceed from here?

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Isaac Gabriel (Expert) 11 February 2018
It is the rorogative of the presiding officer to dispense with evidences and permit oral/written arguments.

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Ms.Usha Kapoor (Expert) 12 February 2018
At the discretion of the presiding officer oral/written arguments or evidence from both sides are admitted for presiding officer to come to a decision.

Dr J C Vashista (Expert) 13 February 2018
Vague and confusing query without proper facts of the case.
What do you mean by evidence by way of affidavit filed before examination in-chief? Evidence by way of affidavit is compulsory in a suit (after 2002 amendment in CPC) that itself is examination in-chief of witness after its tendering before the court.

Ms.Usha Kapoor (Expert) 09 July 2018
I Agree with Issac Gabriel.

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