Drafting a plaint
Querist :
Anonymous
(Querist) 19 April 2020
This query is : Resolved
Do we have to attach an affidavit in civil plaint ?
Dr J C Vashista
(Expert) 20 April 2020
It is mandatory to file the plaint accompanied by an affidavit . An affidavit is taken as proof of the facts stated therein.
Affidavit is not treated as "evidence" within the meaning of Section 3 of the Evidence Act.''Smt. Sudha Devi vs M s Narayana & Ors'' SC declared on 26 April, 1988
However, it was held by the Supreme Court that an affidavit can be used as evidence only if the court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination ''Khandesh Spinning & Weaving Mills Co. Ltd. vs Rashtriya Girni Kamgar Sangh'', 1960 AIR 571, 1960 SCR(2) 841)
Rajendra K Goyal
(Expert) 20 April 2020
Affidavit is necessary part of a plaint.
Please state clear material facts of actual problem.
KISHAN DUTT KALASKAR
(Expert) 21 April 2020
Dear Sir,
The contents of of plaint which are as follows must declared to be true correct as such plaint must accompanied by a Verifying Affidavit
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Rule 1 Order VII of Code of Civil Procedure 1908 "Particulars to be contained in plaint"
The plaint shall contain the following particulars :-
(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and
(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.
Rajendra K Goyal
(Expert) 23 April 2020
Well explained, agree with the post from expert Kishan Dutt Retd. Judge and expert Dr. J.C. Vashishta ji..
Raj Kumar Makkad
(Expert) 23 April 2020
Was the author requiring any explaination? Why a simple question cannot be replied in a simple language and why a layman be given reply in such tedious manner that he may not come her again as he shall have to get the meaning of replies by engaging a private lawyer.
गया था रोज़े छूड़वाने, नमाज गले पड़ी .
Guest
(Expert) 25 April 2020
Was the previous reply of Mr. Rajendra K Goyal, not in simple language, when he said, "affidavit is necessary part of a plaint" and he has again to make another post, stating, "in simple language yes is the reply", or was it his lust for earning more points by making several posts against a single question?
Querist :
Anonymous
(Querist) 25 April 2020
Thank you to all the law experts!
Rajendra K Goyal
(Expert) 26 April 2020
You are welcome. May revert in case of any supplementary question.
Guest
(Expert) 26 April 2020
Child will reply your supplementary questions.
Rajendra K Goyal
(Expert) 26 April 2020
Any supplementary question would be attended if comes out.
Guest
(Expert) 26 April 2020
He declares, as if he assumes that others will not reply his supplementary questions. He should have known that he was not the first person to reply the question of the querist. He also knows that no supplementary questions about affidavit is likely to be made by the querist, but to fulfil his lust for earning more scores, he made one additional post, when he already has declared that he will answer supplementary questions.
