yogesh (will tell you later) 23 August 2009

evidences by the way of affidavit

I have filed the Application in the C.A.T. along with the supporting affidavit.

Can I file the evidences by the way of affidavit separately?

Please inform whether the directions of the court is necessary before filing such affidavit or party in his own interest can file for the same?

I have already attached the annexures with the main application. Can I attached annexures in the said affidavit which comes in to my knowledge after filing the main application?

Regards

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4 Replies

Deekshitulu.V.S.R (B.Sc, B.L) 23 August 2009

There is affidavit form of evidence under C.P.C. There is no such fprocess in other forms andforums, as far as my kknowledge. There is waht is called proof affidavit under C.P.C. Unless the particular enactment provides for such a course, affidavit evidence is not permissible

hage nibo (lawyer) 23 August 2009

Yogesh,

If you have any evidence discovered after filling application, and if can substantiate your claim, you can file an additional affidavit prior to the hearing without court's leave and with the leave of the court, if the proceedings has already begun.

manu (advocate) 23 August 2009

after filing affidavit if u have got certain documents in support of ur claim certainly with the leave of the court u can file additional affidavit.

u have to make an application to the court of law for the purpose of recalling u to the witness box to lead forther chief examination by way of additional affidavit.

(Guest)

Que. 1: What is definition of "Address" of a person in a civil suit given by way of Affidavit?

Que. 2: What is definition of "Address" of a person as per various Acts / Laws ? Any Supreme Court citation well defining "address" definition?

Backdrop: In Delhi till Oct. 2008 any litigant staying in any of Districts of Delhi was instructed to file suit at Tis Hazari District Courts. After bifercation of courts based on divinging Delhi into 9 legal districts the load of various suits of litigants "address" from various Districts of Delhi are equally divided now-adays to various District Courts.

Que. 3 Against above backdrop a civil suit was filed in 2006 at Tis Hazri Court where Petitioner showed "address" of South Delhi whereas now after 3 years of litigation it is discovered that the litigant has given false address where the litigant never resided from 2006 till date. The defendendent has proof of a SIM card in operation from 2005 till date with "address" from another district of Delhi. Will his transfer of jurisdiction of Court from Tis Hazari Disctrict Court to another District succeed based on submission of address proof of a working SIM card?

Kindly advise how to tackle this point of Law?

Rgds,
D. Arun Kumar