Sreenivas V (S/W) 04 November 2012
A Civil Stridhan case was filed on me. As part of evidence as the case is going to late as our witnesses or very old we took an affidavit from them few months back to submit them in court. But before we could submit them in court and bring them to court one of them died.
So is it till valid to submit in court and what is the process to submit this in court.
Adv. Chandrasekhar (Advocate) 04 November 2012
Mere submission of affidavit is not enough. Witness has to appear and face the cross examination. In your case, the affidavit will not be useful. If the facts mentioned in the affidavit are within the exclusive knowledge of any other person, produce him with his affidavit in the court.
Advocate Bhartesh goyal (advocate) 04 November 2012
No,when witness is no more how can his affidavit as chief examination be submitted.witness has to appear personally in court for his chief as well cross examination.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 November 2012
It is not admissible.
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