Evidence by Affidavits & Appointment of Local Commissioner (Civil Suits)
This forum gave me great insight about the subject. Please educate me little more on this issue :
1. Is it necessary to take permission from the court before submitting the evidence by affidavit?
2. If for any reason respective court is vacant, can a higher court or some other court accept the application for recording the evidence by affidavit and appointment of Local Commissioner?
3. If a person record his/her statement in the form of affidavit and dies without getting it cross examined, will it be accepted by courts?
I knew their are many learned people in this forum and they will put light on it. more
there is no need togo to higher court if the original court is vacant. you can file the application in the court of Dist Judge. Further if a person is dead his affidavit neither can be filed nor taken on record. you can call me if you like to know more. 9312226308 more
Raajesh Kumar Ji, Many thanks for your valuable inputs. The person is an independent witness. I understand from your replies that the permisssion of court is necessary before submitting the evidence by affidavit in civil suits. This application can be made in the higher courts and need not be made in the same court hearing the case. Is my understanding correct? more
In my view, The answer to Q.3 is no. The evidence by way of affidavit won't be taken as evidence as its veracity is not tested and it will have no value. As far as question no.1 is concerned, whether the witnessed is a plaintiff or defendant himself or herself is not clear. If the said person is not a party to the case (either plaintiff or defendant) and he is just deposing from the side of any of the parties, then permission of court is required. Even if the person is an independent witness, the permission from court is required, otherwise court may direct for examination-in chief. Q.2 the answer is yes. more
If the answer to question number 2 & 3 is "Yes", can anyone help me in getting it done from Ghaziabad District Court? more
except for 1 to other two quiries the answer is yes. more