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How to Dispose Compulsory Field Affidavit For Free

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Can an advocate file affidavit on behalf of his client?

Rule 13 of Section 49 (c) of the Advocate Act does not altogether bar an advocate from filing an affidavit in the interest of the client. Whenever an affidavit is filed on behalf of his party, he assumes the role of a witness.

Who can file counter affidavit?

Any person can swear and file affidavit (Rule 10) : As per Rule 10 of the Allahabad High Court Rules, 1952, except as otherwise provided by law or by these Rules or by order of the Court, an affidavit may be sworn by any person having knowledge of the facts deposed to therein.

Is it necessary to file affidavit with written statement?

The Court added that the consequence for not filing such affidavit is that the written statement shall not be taken on record and that the plaintiffs documents shall be deemed to be admitted by the defendant.

What happens if respondent does not respond to civil case?

If the respondent does not appear in the court even after several dates and after serving proper notice on him, thee Court may proceed ex-parte i.e. may pass the order without the appearance of the Respondent in the favour of the Plaintiff, if Plaintiff has sufficient evidence to prove his case.

What happens if the respondent fails to appear in court India?

WHAT HAPPENS IF I AM THE DEFENDANT AND I DO NOT SHOW UP FOR COURT? If you do not show up for the trial, the Plaintiff can ask for a default judgment against you as above. You will have missed your chance to tell your side of the claim to the judge.

What happens if the respondent does not file a response in India?

The consequences of not replying to notice is not an offence under the law, however, one must bring on record the relevant facts/ averments in his defence. In case no response is sent, and a legal action is initiated by the sender, the Court may take adverse inference against the defaulting party.

Why is counter affidavit filed?

Counter affidavit is an affidavit filed by the respondent in reply to a petition. Respondent files reply to the petition in the form of affidavit. In most of the Writ Petitions, reply is being filed in the form of Counter Affidavit.

When Article 32 is not maintainable?

Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights: SC [Read Judgment] The Supreme Court has held that employees cannot be granted a writ under Article 32 of the Constitution of India for claiming enforcement of any personal contractual rights against their employers.

How to file counter affidavit in India?

COUNTER AFFIDAVIT OF BEHALF OF RESPONDENT NO. , do hereby solemnly state and affirm as under; 1. That I am Respondent No. 1 in the abovementioned Special Leave Appeal and being familiar with the facts and circumstances of the case, hence am competent to swear this Affidavit.

What are the 5 types of writs?

The five types of writs are: Habeas Corpus. Mandamus. Prohibition. Certiorari. Quo-Warranto.

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