Additional affidavit
Kebom Taso
(Querist) 03 May 2014
This query is : Resolved
dear experts,
can you please help me in finding as to , in which case Justice Vinod Kumar Sharma, Madras HC,2011 observed that litigants, lawyers cannot file additional affidavits during the final hearing of a case.
please suggest the case citation or the owners of the case
ajay sethi
(Expert) 03 May 2014
THE HINDU
MADURAI, August 12, 2011
Litigants, lawyers cannot file additional affidavit during final hearing of case: court
Judge says amended HC appellate rules cannot be kept in abeyance for all time to come
Litigants or their lawyers cannot be permitted to submit additional affidavits or additional typed set (set of documents relied on by a litigant to establish his case) during the course of final hearing of a case thereby putting the contesting parties in a disadvantaged position to controvert the averments made in the additional affidavits, the Madras High Court Bench here has said.
Justice Vinod Kumar Sharma made the observation on Thursday while rejecting the plea made by a lawyer to accept an additional affidavit and typed set in a case filed by a government employee in 2006 challenging his dismissal from service following his involvement in a criminal case. The judge wondered why the petitioner didn't file those documents in 2006 itself though he was well aware of them.
“If a party is permitted to file an additional affidavit or additional typed set of papers, without moving an appropriate application (for amending the pleadings in the original affidavit) and by making out a case, then the very object and purpose of pleadings would stand defeated. The purpose of pleading is to ensure that the litigants come to trial with all facts clearly defined and to prevent cases being expanded or grounds being shifted during trial.
“Therefore, if the facts, which are necessary to seek a particular relief, are not found in the petition, the opposite party does not get an opportunity to place the facts and contentions necessary to repudiate or challenge such a claim or relief,” the judge said. He also pointed out that the amended provisions of High Court's Appellate Rules do not permit filing of documents that were not referred to in the affidavit.
“It seems that the amended rules have been kept in abeyance. If that is so, these are required to be placed before the Full Court (a meeting of all judges of the High Court) to decide as to whether these rules are to be implemented or repealed as these cannot be kept in abeyance for all time to come,” Mr. Justice Sharma added. Even otherwise, there was no provision in the writ rules with regard to filing of additional affidavits or additional typed set of documents. In the absence of the rules, the principles underlying the Original Side Rules or Civil Procedure Code has to be followed, he said and added that the Original Side Rules do not provide for amendment of pleadings or filing of additional pleadings. “If the principles of Civil Procedure Code are applied, then the only way to plead additional facts is by way of seeking amendment of the writ petition by giving reasons for such an amendment.
“On the application, a specific order is required to be passed either allowing or disallowing the application for amendment, after hearing the parties. The party, is not permitted under the Rules, to hand over additional affidavit or additional typed set of papers in the court, at the time of hearing of the petition, without there being any specific order permitting them to file additional pleadings or documents,” he concluded.
Kebom Taso
(Querist) 05 May 2014
can u kindly provide the case parties of the instant case.
ajay sethi
(Expert) 05 May 2014
you will have to find these details in HC website
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
Mr. Ajay Sethi has done a wonderful job by reproducing the cited judgment in brief besides other related information on the subject, for citations, the author must visit the appropriate website.
