DEEPAK MISHRA (assistant Professor) 17 October 2013
Sir,
In a civil case,if two persons agree on some points and lodge it it the court.
They both mention these points in affidavite and submit it to the court before the judge, on first hearing.
Can any one of them retract/change his statement on later hearing?
Shantilal Pandya ( Advocate) 17 October 2013
The bona fide mistakes of clerical nature can be corrected either on agreement or by an adjudication if it is contested
DEEPAK MISHRA (assistant Professor) 17 October 2013
No sir, there is not any mistake of either type.
I am asking,
On second or third hearing, can a person retract from his statement, given on first hearing before judge?
(as i thinks it is not possible because testimony once given cant be changed otherwise his testimony will be disqualified)
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 17 October 2013
Dear querist
its depend on the situation, what is the matter? it is most important, who is the witness? the witness can say that due to pressure or due to force he/she gave the statement before court.
Danny R. Hira (Chairman) 17 October 2013
You can file one affidavit, and mention clear what you want to amend.
I dont see any problem
Shantilal Pandya ( Advocate) 08 November 2013
It can be corrected on all rounds which are available to defeat the agreement under the law of contract
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