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ashok kumar (Social Worker)     24 August 2013

Additional affidavit in ch return case

Additional Affidavit in Ch Return Case

In a Ch return Case affidavit of the Complainant was filed along with the regd agreement between the complainant and accused evidencing the payment to be made by the accused to the complainant. However subsequently another agreement evidencing substitution of the original cheques by other cheques was there.

 

QUERY

Can this second agreement be filed now and amendment to the affidavit be made (The cross examination of the complainant has not yet taken place)



Learning

 3 Replies

Advocate Vishnu (Advocate)     24 August 2013

NO. One option out will be to drop this case and file a new one based on the changed cause of action.

shailendra patadia (director)     27 January 2014

sir

       can you give any reference judgment for the above where in the high court or the supreme court have affermed that no additional affidavit can be given as i face a similar facts where in the complaint wants to file a new set of examination in chief

 

thanking you

shailendra

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     27 January 2014

Dear Ashok Kumar,

Please withdraw earlier affidavit. Give the consolidated affidavit mentioning about both the agreements as the matter is still at initial stage and summoning order has yet to be passed you can do it.  or you can bring the affidavit also during your cross examination and get it exhibited. 

Rajiv Bhasin 

Advocate 

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

9811210505


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