withdrawal of affidavits wrongly submitted

Querist : Anonymous (Querist) 14 November 2010 This query is : Resolved
Dear Sirs,

My lawyer colluded with the plaintiff and submitted an affidavit without my consent,and in my absence, inpite of him being told earlier not to submit, as some of the points were misinterpreted to me. What is the procedure to withdraw the affidavit.

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adv. rajeev ( rajoo ) (Expert) 14 November 2010
Once affidavit is filed it cannot be withdrawn. For what purpose affidavit was filed. Whether it was chief examination? If it is for chief examination your presence is must before the court, in your absence it cannot be filed. So details are required.

Khaleel Ahmed Mohammed (Expert) 14 November 2010
You can submit another affidavit stating the real facts what ever you have mentioned in the query, and request the court to allow you to plead your case as party in person.Further you can file complaint against your advocate before State Bar Council. Definately the authorities of concerned Bar Council may take necessary action against your advocate.

bhupender sharma (Expert) 14 November 2010
u can not withdraw the affidait rahter u may make an objection inthis respect to deny the execution of the affidavit being the contens are not true and correct.

Rajeev kulshreshtha (Expert) 14 November 2010
Already replied.

s.subramanian (Expert) 15 November 2010
repeated

Sachin Bhatia (Expert) 15 November 2010
You can file another affidavit with the necessary explanation so that the earlier one may be withdrawn or not pressed.

Raj Kumar Makkad (Expert) 16 November 2010
already replied in detail.

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