ys_peace 23 April 2018

Affidavit and address purshis of respondent

Hello All,

I have submitted an application under crpc 408 before Principal District judge for clubbing of 2 cases (498A and DV) running in separate neighbouring courts.

On which Respondent's lawyer has submitted her WS(written Say) without any affidavit or address purshis.

Please tell me whether is it compulsory or not for the Respondent to submit a sworn affidavit & address purshis while submitting her WS on crpc 408 application?

Thanks in advance

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2 Replies

TGK REDDI 23 April 2018

Yes. It's compulsory to furnish an Affidavit. Order VI, Rule 15(4) of the Civil Procedure Code stipulates it.

What, then, is a Pleading?

Order VI, Rule 1 comes to our rescue. A Plaint is a Pleading and a Written Statement also is. Nothing else.

WS means Written Statement, not Written Say.

I know many Courts treat Interim Applications as Pleadings and demanf Affidavits in support of them. This's not on.

I invite criticism..

ys_peace 23 April 2018

@ TGK REDDI,

Can you tell me that the submitting affidavit and address purshis is also compulsory while submitting Say for Criminal Procedure Code, if yes then, under which section of crpc?

I want to know this specifically for crpc 408 case.

Thanks