Sachin (Self Employed) 13 March 2013

Evidence by the way of affidavit

Respected All,

I have filed my Evidence by the way of Affidavit (Last Chance) in the matter of Civil Suit which I (Plaintiff) have filed. On the day of filing the Evidence Affidavit I had appointed a new additional Advocate for my case and also the new Advocate had appeared and submitted his Vakalatnama before the H’ble Court on the same day along with my Old Advocate.

After going through the photocopies of my Evidence Affidavit I found that in my Evidence Affidavit I (Deponent) have been identified by my new appointed Advocate but Mistakenly Oath Commissioner while certifying the Evidence Affidavit mentioned the name of my old Advocate stating that my old Advocate has identify the Deponent. Further in the Court order of that day Judge has mentioned the presence of my old Advocate. Now the question comes in my minds which are as follows:-

1. Is my Evidence Affidavit is Legal or Not ?

2. Can Advocate of defendants can take any benefit for the above mentioned which can cause damage to my case.

3. Who is legally responsible for this mistake, I (Plaintiff) or Oath Commissioner or New Advocate or Old Advocate?

4. Even my new Advocate appeared before the Judge and filed his Vakalatnama but in order of that day Judge only mentioned the presence of my Old Advocate is it ok?

5. If I am in trouble what is the best possible legal remedy for me as the next date is about 1 Month later?

Please help me with your Guidance…….

Regards

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2 Replies

ajay mallik (Junior Lawyer) 13 March 2013

THIS IS A TECHNICHAL ERROR DONE BY OATH COMMISSIONER .PARTY OR THE LAWYER IS NOT RESPONSIBLE. THIS WILL NOT EFFECT THE POSITION OF CASE. BECAUSE CASE DEPENDS ON EVIDENCE, CROSS EXAMINATION, FACT , LAW RELATED TO THE CASE AND FINAL ARGUMENTS OF PLAINTIFF ADN DEFENDANT. ADVOCATE'S.

REGARDING VAKALATNAMA IT MUST BE INDEXED IN THE FILE.SO DO NOT WORRY.

cyberlawyer (barrister) 27 October 2013

May i know before which court you are litigating ?

Generally in proof affidavit (evidence affidavit ) the deponent who makes the affidavit will sign and a third party advocate ( who has not given vakalat in your favour) has to attest/identify the same. An advocate who is on record , i.e, who has given vakalat to represent you should not attest/sign your proof affidavit , even your ordinary affidavit.

Dont know in which court this procedure wherein , the counsel on record himself identifies the deponent in an affidavit is followed . Or you have mistakenly narrated the facts here.