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dheepak srinivasa (self)     22 March 2021

affidavit

in a civil case my sister has to file an affidavit for O7 R11.. but since she is gone out of country ... can I file the affidavit on her behalf as a brother??. I am well versed with the case.


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 1 Replies

Nirali Nayak   30 May 2021

Hello, greetings of the day. 
An affidavit is a written statement which is confirmed by an oath, voluntarily made by an affidavit administered by a person who has been authorized to do so by law. Owing to the consequences of an affidavit, it is a must that, it should be made only by the those people who have the complete knowledge of the facts, situation and circumstances of the matter/case. According to Order 6, Rule 14 of the Code of the Civil Procedure, "every pleading shall be signed by the party and his pleader (if any) provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf."
Hope this answers your query.
Regards
Nirali Nayak
Law student


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