AI Overview...
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Filing of Additional Affidavit - Maintainability
The courts generally recognize the filing of additional affidavits as a procedural step permissible to clarify or supplement existing pleadings, provided it does not cause prejudice or violate principles of natural justice. Several cases affirm that courts may allow additional affidavits to bring on record relevant documents or explanations, especially when the original affidavit contains defects or omissions State VS E. Veeramani - Crimes, URBAN WORLD MOTORS PVT. LTD. VS GHOSH BROTHERS CAR PVT. LTD. - Gauhati, V P ABDUL KAREEM vs MEHROOF MANALODY - Kerala. -
Conditions for Allowing Additional Affidavits
The courts emphasize that the filing of additional affidavits should be within the court’s discretion and should not be used to introduce new issues or documents at a late stage without valid reasons. For instance, courts have permitted additional affidavits to rectify defects or to file documents forming part of the record, with the aim of ensuring justice URBAN WORLD MOTORS PVT. LTD. VS GHOSH BROTHERS CAR PVT. LTD. - Gauhati, V P ABDUL KAREEM vs MEHROOF MANALODY - Kerala. -
Exceptions and Limitations
Courts have also held that the filing of additional affidavits is not maintainable if it causes delay, prejudice, or if the affidavit contains false or misleading statements. In some cases, the courts dismissed petitions when the additional affidavit was filed to circumvent procedural requirements or to introduce new issues at an advanced stage VISABHAI PUNABHAI PADSARIYA vs ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL CHIEF JUDI MAGISTRATE - Gujarat, Durga Kala Mandir VS S. Pulla Rao - Andhra Pradesh. -
Legal Principles and Judicial Discretion
The courts generally uphold the principle that affidavits are affidavits, and their truthfulness is subject to judicial scrutiny. An affidavit filed in support of an application can be rejected if found to contain false statements, and courts retain discretion to accept or reject additional affidavits based on the circumstances of each case METTU KHASIM REDDY VS METTU JAGANNADHA REDDY - Andhra Pradesh, Nungsangpokla VS State of Nagaland & Ors. - Gauhati. -
Summary of Court Viewpoints
Overall, the filing of an additional affidavit is maintainable when it aids in the proper adjudication of the case, especially to clarify facts or bring relevant documents on record, but it should be done within the bounds of procedural fairness and judicial discretion. The courts have consistently emphasized that such affidavits should not be used to introduce new issues or mislead the court State VS E. Veeramani - Crimes, V P ABDUL KAREEM vs MEHROOF MANALODY - Kerala.
Analysis and Conclusion
The legal consensus indicates that filing an additional affidavit is permissible and maintainable if done to clarify issues, correct defects, or bring relevant records, provided it does not prejudice the opposing party or amount to an abuse of process. Courts exercise their discretion judiciously, ensuring that affidavits are truthful and relevant. Therefore, in appropriate circumstances, the filing of additional affidavits is a valid procedural step to aid in fair adjudication of cases.
References:
- State VS E. Veeramani - Crimes
- Nungsangpokla VS State of Nagaland & Ors. - Gauhati
- URBAN WORLD MOTORS PVT. LTD. VS GHOSH BROTHERS CAR PVT. LTD. - Gauhati
- V P ABDUL KAREEM vs MEHROOF MANALODY - Kerala
- Satish Kumar & Another VS Prescribed Authority/Judge Small Causes Court & Another - Allahabad
- VISABHAI PUNABHAI PADSARIYA vs ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL CHIEF JUDI MAGISTRATE - Gujarat
- Durga Kala Mandir VS S. Pulla Rao - Andhra Pradesh
- V. Loganathan VS Additional Director of Survey & Land Records, Chennai - Madras
- METTU KHASIM REDDY VS METTU JAGANNADHA REDDY - Andhra Pradesh
Search Results for "Filing of Additional Affidavit in Petition is Maintainbale"
• India - Crimes
THANGAMANI
The two instances mentioned in the affidavit prima facie establish the misuse of the liberty enjoyed by the respondent and his potentiality ... As regards the submission of learned counsel for the respondent that on merits learned Additional Sessions Judge was justified in ... But learned Additional Sessions Judge failed to take into consideration that the allegations against the accused are very serious ... The first ground urged by learned Additional Public Prosecutor relates to the suppression of the earlier bail #HL_....
2010 0 Supreme(Gau) 691 • India - Gauhati
B.K.SHARMA, H.BARUAH
counter affidavit filed in writ petition - Aforesaid plea of respondents in their objection filed in delay Condonation petition ... having not been disputed by filling any affidavit-in-reply goes unrequited - If writ petitions have been filed by impostor on that ... name of wife of deceased by some imposters - In this connection respondents have placed reliance on enquiry report furnished to additional ... He also submits that when the writ petitions....
2017 0 Supreme(Gau) 893 • India - Gauhati
KALYAN RAI SURANA
affidavit filed, some documents have been brought on record by the petitioners – Held, In so far as the cases cited by the learned ... granted to the learned counsels for the petitioners to file any documents forming part of the record – Accordingly, in the form of additional ... Accordingly, in the form of additional affidavit filed on 15.09.2017, some documents have been brought on record by the petitioners. ... By order dated 28.06.2017 petition under Order VII Rule 14(3) CPC filed on 14.06.2017 was ....
2016 Supreme(Online)(KER) 26280 • India - High Court of Kerala
K.RAMAKRISHNAN, J
Fact of the Case: A petition was filed challenging the partial order of the lower court allowing the filing of an additional ... Final Decision: The petition challenging the lower court’s order is dismissed. ... Finding of the Court: The court upheld the lower court's decision that allowed the plaintiff to file an additional ... to cure the same by filing an additional affidavit explaining the defect in the affidavit but he is....
2012 0 Supreme(All) 2674 • India - Allahabad
SIBGHAT ULLAH KHAN
an additional counter affidavit. ... ' application to file an additional counter affidavit. ... The tenants' applications for various requests were rejected, except for one seeking permission to file an additional counter affidavit ... The last application 81 C was also given by Satish Kumar seeking permission to take on record additional counter affidavit which was filed by him against additional rejoinder affidavit#HL_EN....
• India - High Court of Gujarat
BHARGAV D. KARIA, J
... ... Findings of Court: ... The High Court found the petition not maintainable due to the availability of alternative remedies ... ... ... Result: Present petition is dismissed. ... (Paras 3.2, 3.3, and 6) ... ... (B) Alternative Remedy - Writ jurisdiction - The court noted that petition should ... Pending admission, hearing and final disposal of this petition stay the implementation and operation of the order dated 9.9.2022 passed by the Ld. Additional Sr. ... #HL_STA....
2014 0 Supreme(AP) 1539 • India - Andhra Pradesh
B.CHANDRA KUMAR
for injunction and no injunction can be issued against the true owner – Petition dismissed Seeking for injunction - This appeal is directed against the decree and judgment passed in AS No. 39 of 2002 by the IE Additional ... Though, it appears that the plaintiff was in possession of the property on the date of filing of the suit, but it is not entitled ... Normally an affidavit of a party cannot be looked into as evidence. But, when the person who has given sworn affidavit is examined before the Court a....
2013 0 Supreme(Mad) 3220 • India - Madras
K.RAVICHANDRA BAABU
Finding of the Court: The court found that the relief sought in the writ petition was not maintainable as a final order ... Ratio Decidendi: The court held that the relief sought in the writ petition was not maintainable without challenging the final ... Issues: The main issue was whether the relief sought in the writ petition for fixing the scale of pay admissible to the post ... Considering the above facts and circumstances of the case, I am of the considered view that the relief....
2007 0 Supreme(AP) 826 • India - Andhra Pradesh
C.Y.SOMAYAJULU
and affidavit in IA – It is clear that they made false statement in the affidavit filed in support of CMP, because they in fact ... and complaining inaction on the part of the trial Court because he also gave vakalat for filing CRP. ... also be imputed with knowledge of the second respondent filing an application for injunction in IA and his approaching High court ... , and so they sought an ex parte interim injunction being granted in their favour by this Court and filed copies of the petition and #HL_....
2016 Supreme(Online)(KER) 11844 • India - High Court of Kerala
K.ABRAHAM MATHEW, J
it from filing a claim petition for goods released under security, recognizing the rights reserved in the release affidavit. ... The claim petition filed later was dismissed based on the petitioner being an additional defendant, which the petitioner challenged ... Issues: Whether the petitioner, having been impleaded as an additional defendant, could maintain a claim petition for goods ... In the affidavit filed in support of the application for rel....
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