writ petition without counsel
hage nibo
(Querist) 16 April 2009
This query is : Resolved
What is the procedures to file a writ petition under Art 226 by the petitioner himself(without the help of any counsel/advocate/lawyer)?
Is the affidavit accompanying writ petition is compulsory to be identified by an advocate and sworn before Oath Commissioner?
N.K.Assumi
(Expert) 20 April 2009
In a awrit petition the petitioner himself can signed and filed and if there is a vakalat the advocate can also signed and filed on his behalf.
It is the practise of the court that deponent should be identify by the advocate in the affidavit, and should be sworn before the oath Commissioner, and swearing before the oath commisssioner is mandatory but not the identification part. In my view Defective in affidavit is not a ground to dismiss a writ petition.
