Should i file evidence by way of affidavit separate.
Rashmi Ullal
(Querist) 09 April 2018
This query is : Resolved
Following are the facts of the case:-
I had purchased a digital versatile disc of universal company of the movie avatar on amazon.in website. The amazon sent me a digital versatile disc of some unknown company. So I asked for a exchange. As the poster in the website is of universal company, but what I received was some local pirated DVD. I have written a mail asking for replacement and asking amazon to send the product which I ordered for. They told they will refund. But I do not want refund. I want the product which I ordered for.
Hence ultimately I approached consumer forum with a complaint.
The notice was issued to the opposite party i.e. amazon.in at their headquarters.
They have now filed their version where they stated all my allegations are false.
Now the judge told me to file affidavit. Evidence affidavit.
I want to know the following:
1. Should I file affidavit separate.
2. Should I file evidence by way of affidavit separate.
3. Should I file objections to the points the opposite party raised in their reply?
4. Should I file written arguments if the opposite party file written arguments? Or arguments can be made orally?
I am handling all this without advocate hence I want some guidance from here on. I will be thankful from the bottom of my heart to whoever gives me guidance in these matters.
Adv. Yogesh Pawar
(Expert) 09 April 2018
If you are handling matter without Advocate, then it will be better to file written arguments instead of oral arguments.
Rashmi Ullal
(Querist) 10 April 2018
What is difference between affidavit and affidavit by way of evidence? Please tell.
Ms.Usha Kapoor
(Expert) 11 April 2018
There 9s no difference between Affidavit and Affidavit in Chief.
The Object and Purpose of Giving Evidence in chief by Affidavit or
Witness Statement
Affidavits (and witness statements) are written statements of evidence in chief. Their
content is dictated by substantive rules of evidence and their form by rules of court
(including Practice Notes and the like issued by the Court): their style involves a choice
of language and by drafting they occasionally excite interest in the judge who finally
determines the issues.
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In this paper, except where necessary to distinguish, I shall use
the expressions “written evidence”, “affidavit” and “witness statement”
interchangeably.
There appear to be four justifications advanced
from time to time for evidence in chief
being given by way of Affidavit or Witness Statement rather than orally.
First, it is thought that giving of evidence by way of Affidavit or Witness Statement
saves valuable court time
in the hearing of a matter (with the attendant assumption
that thereby there will be a saving in cost and minimisation of inconvenience to parties
and witness
Secondly, it has been said that one purpose of advance disclosure of intended evidence
is the
promotion of early settlement.
Thirdly, it has been observed that the filing and serving of Affidavits or Witness
Statements ensures the early appraisal of the opposite party with information about the
matters truly in issue, thereby ensuring the saving of time and money wasted in
trial
by ambush.
Lastly, it has been said that one particular benefit of exchange of witness statements is
that it provides in a practical way for the co-operation of parties. to ensure that only the
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real issues in dispute are brought forward for the trial and it encompasses the need for
the parties to be clear and precise in illuminating the issues for trial.
Requiring written evidence
is sometimes called the “cards on the table” approach and
it has been said the “advantages” of having evidence in chief served in writing on the
other side before the trial are so compelling that even in
fraud
cases or cases where
e
credit
is in issue, evidence in chief should be given in writing except in the most
exceptional circumstances
rajeev sharma
(Expert) 11 April 2018
just to make matters simple for you. Affidavit in chief is just making on oath the statement which you have mentioned in your complaint . This affidavit will be treated as your statement before court and you may be cross examined by opposite counsel on the basis of this affidavit.You may file your documents of evidence in original along with this affidavit or may file those documents along with a list and mention those documents in your affidavit.. It has to be filed as mandatory otherwise court will not take your evidence on record..It is not a reply to the written statement files by defendant. you may file separate rejoinder affidavit for that purpose.
