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lawweb   30 March 2018

When plaintiff should not be permitted to withdraw affidavit

When plaintiff should not be permitted to withdraw affidavit of his examination in chief?

 
The petitioner cannot be permitted to withdraw his affidavit filed before the Court. However, considering the law laid down, the plaintiff would have the option of explaining the error in the affidavit by stepping into the witness box to lead further oral examination-in-chief or file an additional affidavit as a part of the examination-in-chief and clarify the mistake if any.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
 
Writ Petition No. 1539 of 2016
 
Decided On: 19.07.2017
 
 Digambar Ramchandra Bawaskar Vs.  Soma Prabhu Pawar and Ors.
 
Hon'ble Judges/Coram:
R.V. Ghuge, J.
 
Citation: 2018(1) MHLJ 169


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