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Selvam (Others)     22 December 2012

Affidavit

Dear Sir/Madam,

I have queries that (1) all writ petitions civil or criminal should accompany with separate Affidavit signed by the Plaintiff/Petitioner or if the Petition bears signature in all pages, there is no need to give separate Affidavit at the time of filing the case.(2) If the the Defendant receive a copy of the Pettion anong with  summon from the court or from the Advocate under some situation, a copy of the Affidvit signed by the Plaintiff/s/ Petitioner/s should also accompany the petition or not (3) If the Petition bears totally different signature of the Petitioner which have not been seen at least six month back from any of the recorded document, for example, Caveat, Passport, etc., and if sombody signed on his behalf without mentioning in the Petition that so and so has signed on his behalf, whether it can be termed as forgery. Even if the petitioner owns it that it is his signature and he could not sign the same or smilarity with one found in the Petition, the petiton filed could be dismissed, the person forged his signature and the other petitioner gave room for such type of an illegal act could also be penalized as it an established fact that the petitioner was in abroad and he was not present on the date of filing the case or on the date of signature affixed in the Affidavit or in the each page of the petition. Any one could enlighten me for the future course of action, Thank you



Learning

 1 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     23 December 2012

already replied in expert zone


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