Application seeking permission to file Evidence by the way of Affidavit

Querist : Anonymous (Querist) 18 November 2010 This query is : Resolved
Sir,
In civil suits, If any party wants to give evidence by the way of Affidavit whether leave to file from the Court is to be required?

In district Courts/civil courts is it essential that first the party will take the permission to file and can be filed on the subsequent hearing or the the same can be filed after taking the permission?

Whether Application seeking permission to file the evidence by the way of the Affidavit is to be enclosed with the pleadings?

What will be the format of seeking permission i.e in the same capitation form as we drafted pleadings or in the convention form (such as Application addressed to registrars)?

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s.subramanian (Expert) 18 November 2010
After the 2002 amendment of cps,the evidence in civil cases in received only on affidavits. In Temilnaud no separate permission is taken for this purpose.

Querist : Anonymous (Querist) 18 November 2010
Sir,
In Delhi High court and subordinate courts , application is to be required.What is the format of the Application (i.e whether its should addressed to the Registrar or to the Hon'ble Court with same capitation words of the main petition.
Reagards

Uma parameswaran (Expert) 18 November 2010
You can inquire in concerned Court or filing section .

Kumar Krishan Agarwal Advocate (Expert) 19 November 2010
Engage a lawyer don't think to get another person legal material for you freely.

Advocate. Arunagiri (Expert) 19 November 2010
The application is not to be addressed to the Registrar. It is has to be presented to the court only. See Order 19 rule1 of CPC.

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