Advocates:
For the Appellants/Petitioners: Mr. Rajat Wadhwa, Mr. Dhruv Choudhary, Mr. Gurpreet Singh, Ms. Anisha Rastogi, Mr. Manish Kumar
For the Respondents: Mr. Laksh Khanna, APP for the State

If an affidavit is not there, whether a suit can be dismissed depends on the specific procedural requirements of the case and the nature of the proceedings. Generally, affidavits serve as supporting evidence or declarations made under oath, and their absence may weaken the case or delay the proceedings. However, the absence of an affidavit alone does not automatically lead to the dismissal of a suit, especially if the main pleadings, evidence, or other supporting documents are sufficient to establish the claim.

In certain types of cases, such as those involving sworn affidavits as a procedural requirement for initiating proceedings or for specific evidentiary purposes, the lack of an affidavit might be considered a procedural irregularity. This could potentially result in the dismissal or rejection of the suit if the affidavit was a mandatory procedural step. Nonetheless, in many instances, courts may allow parties to rectify the omission by submitting affidavits at a later stage or by relying on other admissible evidence.

It is important to note that procedural discretion often rests with the court, and the specific circumstances and the stage of proceedings will influence whether the absence of an affidavit can lead to dismissal. Generally, courts prioritize substantive justice over procedural technicalities, and a suit is less likely to be dismissed solely on the absence of an affidavit unless it is explicitly mandated by law or the procedural rules applicable to the case.