deep Sharma (Law Student) 01 February 2012

Written statement (ws) without affidavit in civil case

Dear Peers,

I trapped in a confusing situation that if a person filed his/her Written Statement (WS) without Affidavit in Civil Case and the opposite lawyer opposes it. Please suggest what to do then?

Should we file WS again. Will Court entertain it or file or we any move any other application Court.

Plz tel me the way

Thanks please reply soon.

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6 Replies

rahul (director) 01 February 2012

court will not take it on record,

you can file again with affidavit.

jeetendra patel (lawyer) 01 February 2012

Don't panic. File affidavit in support of written statement after taking permission of the court. In the interest of justice Court will allow it.

vivek baman (advocate) 02 February 2012

i think its a bonafide mistake and the court by using its discretionary powers allows it in the interest of justice......

venkatesh Rao (Retired Government Servant) 04 February 2012

I think written statement need not be accompanied with an afidavit. Suffice it would be if it ends with a verification statement. It is no where specified in CPC that pleadings shall accompany affidavits.