Is affidavit mandatory in determination application?

The provisions of Order 3 Rule 4 CPC states that:

It may be noted that three kinds of documents are provided for in respect of various situations by Order III, rule 4:-

(i) A pleader who is appointed by the party to in court, has to file a document in writing signed by the party, etc., under sub-rule (1)14, and pay necessary courtfees15.

(ii) A pleader who has been engaged for the purpose of pleading only has to file a memorandum for appearance signed by himself and stating the specified particulars under sub-rule (5). He need not file a power of attorney16.

(iii) A pleader who has been engaged for pleading only, by any other pleader (who himself has been duly appointed to act on behalf of the party concerned) need not, under the proviso to sub-rule (5), file the memorandum of appearance.

Now let us know what is your position in this connection.

Very well analysed, opined and advised by learned expert Mr. T Kalaiselvan, I endorse and appreciate his acumen.

Sir, I have filed an application with a prayer to determine from conducting a case as the client has been unavailable and could not be contacted for more than 3 months. My question is "is it mandatory to file an oath affidavit along with the above mentioned application? As my application is neither related to the facts of the case nor it is a reply to any pleadings related to the case. I find it unnecessary to file an oath affidavit along with the determination application. 

The requirement for an affidavit in a determination application varies depending on the specific context and the laws and regulations applicable to the case. Here are some points to consider: - *Arbitration and Conciliation Act*: Under this Act, there is no mandatory requirement for an affidavit in applications under Section 34 ¹. - *Code of Civil Procedure (CPC)*: The CPC does not always require an affidavit, but lawyers should review specific provisions and applicable rules or statutes to determine if an affidavit is necessary ². - *Other laws and regulations*: Certain laws or regulations may mandate an affidavit in specific situations, such as in corporate matters ³ ⁴. - *Court discretion*: Even if not mandatory, courts may still require an affidavit in certain circumstances to ensure the authenticity of the application ⁵. In summary, the necessity of an affidavit in a determination application depends on the specific context and applicable laws. It's advisable to consult with a legal expert to determine the requirements for a particular case.

No, an application for discharge from vakalatnama is not required to be filed with supporting affidavit, but proof of intimation to client should be filed.