Affidavit with plaint not signed by oath commissioner
adv. rajeev ( rajoo )
(Querist) 25 September 2012
This query is : Resolved
Dear Learned Members,
In one case I am for defendant. Plaintiff has filed a suit for injunction. An affidavit with the plaint is not signed by an oath commissioner/ by sherestedar of the court. Oath commissioner is not at all signed on affidavit.
In my opinion plaintiff has not followed the procedure. Hence plaint is liable to be rejected. I have filed an IA to reject the plaint stating that suit is not maintainable.
If any ruling in this respect. Please upload it.
I am very thankful to all.
Devajyoti Barman
(Expert) 25 September 2012
Procedure is mere handmaid of justice which never comes in the way of proper dispensation of justice.
What has been done is sheer irregularity which can be cured at the liberty of the court. On this ground alone the plaint can not be rejected.
R.K Nanda
(Expert) 25 September 2012
said affidavit of plaintiff is legally defective and plaintiff is not entitled to get any interim injunction in his case and his injunction application is liable to be dismissed and plaint cannot be rejected on the basis of defective affidavit only.
Ravikant Soni
(Expert) 25 September 2012
The plaint shall not be deemed to by duly instituted unless it complies with the requirements like double copy or not accompanied with affidavit.
However the defect may be cured..
