What is a Proof Affidavit?
Mohammed Khaleelullah
(Querist) 30 December 2010
This query is : Resolved
Dear experts,
In a Rent Control Case in Chennai U/S 10(3) (C)of the Tamilnadu Rent Control Act,Landlord is the petitioner and the tenant Respondent.After examining and cross examining the Petitioner as witness, the judge asked the Respondent's Advocate to file Proof Affidavit.After filing of the same, no examination in Chief of the Respondent as witness was done, but straightaway Cross examination was taken up.
My queries in this regard are:-
(1)What is this Proof Affidavit and under which provisions of law it is required to be filed?
(2)Whether without examination in chief,Cross examination of the witness can be taken up straightaway?
(3)Whether Examination in chief of witness can be insisted by the Advocate?
(2) Whether in addition to the contentions already filed in the Reply Affidavit, new additional points may be incorporated in the Proof Affidavit?
Kindly clarify my queries above in seriatum for a clear understanding of the legal position and thanks and well wishes in advance.
abhishek
(Expert) 31 December 2010
Hi,
As apparent on face of the facts given by you the term u are using as proof affidavit is not the right term if may be afidavit in support of evidence which is made mandatory which has to be tendered in Examination in Chief and it is not possible that without exam-in-chief cross can be done, and it is also mandatory, the advocate is not required to insist as it is the duty of the court.
and about reply affidavit may be you asking for written statement filed with affidavit in support of written statement and nothing can be incorporated beyond written statement in proof affidavit or affidavit in evidence.
Advocate. Arunagiri
(Expert) 31 December 2010
Normaly the after filing the Proof affidavit, chief will be taken for marking the documents only. If no such documents are marked, the witness can be cross examined.
If the witness wants to add anything, after the cross examination, he can be recalled and give oral evidence.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 December 2010
You can deviate from reply affidavit.And what the querry has stated is standard procedure now under CPC.
