O1 R10
Soma
(Querist) 11 September 2009
This query is : Resolved
if I file an application under O1 R10 CPC then whether an affidavit is to be filed with it?
whether the copy of it to be supplied to opposite parties?riven
Soma
(Querist) 11 September 2009
whether advocate can file such application on behalf of the client without his (client's)signature where vakalatnama is already filed?riven
Adinath@Avinash Patil
(Expert) 11 September 2009
Dear Soma,
Application under o 1 R 10 be filed with an affidavit & a copy of application to be supply other party is neccesary.
Advocate can't file application under o 1 R 10 without client's signature.riven
Kiran Kumar
(Expert) 11 September 2009
i agree with Mr. Patil.riven
Y V Vishweshwar Rao
(Expert) 11 September 2009
Mr Patil Explaination /opinion is correct , i agree with him
IA - Application to be filed with supporting affidavit
in IA - Petition -Advocate on record not to file his affidavit , Affidavit of the Client to be filed !
Before filing the Petition - IA the copy of the same is to be served on the other side party/ Advocateriven
Soma
(Querist) 11 September 2009
thank to allriven
Swami Sadashiva Brahmendra Sar
(Expert) 11 September 2009
In general, my learned friends are right. but, there are 5 clauses of order 1 rule 10.there are many conditions and there may be diferent fact situations, some may require an affidavit and some may not. for instance, clause (2)empowers the court to strike out or add parties ..."either upon or without the application of either prty"....Thus, where application itself is not necessary, there is no question of affidavit.
Further,if an application is filed to bring any fact on record, it must be supported by affidavit. If an application is made with a view to invite court's attention to the facts already on record and pass an order in view thereof, then an application without affidavit can be moved by the advocate on behalf of a party.riven
Adinath@Avinash Patil
(Expert) 11 September 2009
Thaks Dr.V.N.Tripathi for giving more information but as per amendments c.p.c. I think affidavit is necessary.riven
J K Agrawal
(Expert) 12 September 2009
If any application contains any fact not already on record, it requires signature of the person who knows the fact and affidavit of that person otherwise no affidavit is required.riven
Shyam Ji Srivastava
(Expert) 12 September 2009
Dear Soma,
I agreed with my all above friends with some clarification that there is no, need of affidavit alongwith application u/o1 rle 10 however you have to prove your interest in the case.
Shyam Ji Srivastava
Senior Advocate
Kanpurriven
Raj Kumar Makkad
(Expert) 12 September 2009
I fully agree with Dr. Tripathi. In general if new party is to be brought then affidavit is necessary but if any action on the deletion/addition of the party on the basis of the fact/party already on the file is initiate then no need of affidavit arise and it is only the litigant who has to file an affidavit.riven
Soma
(Querist) 12 September 2009
Thanks to all seniors for detailed informationriven
MANISH
(Expert) 13 September 2009
Dear friend,
As per Order VI, Pleading are to be verified and has to be supported by an Affidavit.
And the same Order says that Peadings means Plaint and Written Statement. Entire CPC nowhere talks about any kind of Application to be supported by an Affidavit.
However, the application has to be moved by the party, and the counsel cannot move any application on behalf of the party.
However, the DELHI HIGH COURT rules make it mandatory that an application under Order 1 rule 10 has to be supported by an Affidavit. So check the rules prevalent in your state.
Bhumik Dave
(Expert) 13 September 2009
Manishji is correct.riven
vinjamuri ranga babu
(Expert) 13 September 2009
hi,'
you have to file affidavit , without affidavit there is no petiton. petition means and includes affidavit.
vrriven
Soma
(Querist) 16 September 2009
.............*...............riven
V.V.RAMDAS
(Expert) 22 September 2009
Dear Ranga Babu,
I will not be agree with you. Affidavit is not mandatory in Simple petion but in pleadings it is mandatory.Advocate can file a petition. To stregthen a petition affidavit is must.
Mr Manish first part of your containtion is correct but it is not correct- -However, the application has to be moved by the party, and the counsel cannot move any application on behalf of the party.riven
Sachin Bhatia
(Expert) 01 October 2009
Application under order 1 Rule 10 be filed with an affidavit & a copy of application to be supply other party is neccesary.
Sachin Bhatia
(Expert) 01 October 2009
Advocate can't file application under order 1 Rule 10 without client's signature.
sukanya (Joyce)
(Expert) 11 October 2009
mr patils suggestion is agreed with.
