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Nikhil Gupta (Management Consultant)     06 July 2018

Signature missing but affidavit present on 7(14)(3)

In an ongoing suit, the Lawyer filed an application for submitting additional documents ( no amendments in pleadings) under  order 7(14)(3) read with section 151 cpc. The application page was not signed by the appellant or lawyer but list of documents was signed by the lawyer and the affidavit was also filed with the application. The application was given in the hand of the judge who flipped the pages and put on record and copies were handed over to the respondents, Now after 6 months the judge says that the application is not signed and hence you have to submitt it again and again the copies need to be supplied to the respondents and the cycle will repeat . So my questions:

1) Is the judge technically right ? 

2) If the application is supported by the affidavit then does it still require signature of the plaintiff ?

3) If this was actuall so grave error, then how can a judge point it now and that too when the respondent is not raised any objection ?

4) If this need to be corrected how can it be done and will it require another cycle to submit the same copies to respondent again  and then giving him another lot of time to respond and the subsequently the decision on this application ?



Learning

 1 Replies

R.Ramachandran (Advocate)     06 July 2018

Forget for a moment the legal requirement.

Now, it appears that you are more concerned about the loss of time. Right?

If that be so, you have two options in the present circumtances.

1. Challenge, the order, if any passeed by the Ld. Judge (if you have sound grounds to do so).  This process will definitely take its own time.  That means, your concern about the already lost time, will go out of the window!

2. Simply prepare fresh application, sign on all pages, along with affidavit and documents, and give it to the opposite counsel, and file it in the Registry.  This will at least save from loss of further time.

Choice is yours.


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