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Detox (SE)     02 May 2014

My wife's affidivit is signed by her advocate

Hi All

 My wife had  filed RCR, and this was dismissed for default. now her advocate had filed a restoration petiton for RCR, and he had filed the Affidaivit of my wife, but the affidaivit is signed by her advocate, is it valld .

 

Instead of the petitioner signing the affaidivit , as she was not present , the Advocate had signed him self ( His Signature). is this valid pls 

regards

Detox



Learning

 4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     02 May 2014

No it is not valid...

I don't think  that the advocate has made signature of his client.. collect correct information... 


Advocate must have file restoration application by filing his own affidavit... as matter DID because of his fault....

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 May 2014

The person making an affidavit (the deponent) must sign the bottom of each page in the presence of an authorised person, such as a lawyer or Justice of the Peace. On the last page of the affidavit the following details must be set out (known as a jurat):

  • the full name of the person making the affidavit, and their signature
  • whether the affidavit is sworn or affirmed
  • the day and place the person signs the affidavit, and
  • the full name and occupation of the authorised person, and their signature.

If any alterations (such as corrections, cross-outs or additions) are made to the affidavit, the person making the affidavit and the witness must initial each alteration.

Ram Mohan Reddy (B.A.L.L.B.)     03 May 2014

collect correct information whether that affidavit is her r advocate affidavit. if her affidavit is giver no its is not valid. in her affidavit she only sign her signature

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

It is not valid and illegal amounting to forgery.   This can be brought out at the time cross examining her on the basis of the evidence let in through her affidavit.


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