Published on: November 22, 2023 at 09:10 IST
Court: High Court of Delhi
Citation: Brij Praksh Gupta V. Ashwini Kumar (2020)
Honourable High Court of Delhi has held that Affidavit in Evidence can factually expand on a plea taken in the plaint, it can also support factual assertions made in the plaint but it cannot contradict or state facts which cannot be derived from the plaint. The practice of filing affidavits in evidence which replicate the plaint is incorrect and ought not to be permitted by Courts.
14. In daily practice, it is noticed that the affidavits in evidence are a ‘cut and paste’ from the plaint, which is not how they are supposed to be. The affidavit should contain facts which are to the personal knowledge of the deponent and the same cannot be a verbatim copy of the plaint.
The affidavit in evidence can factually expand on a plea taken in the plaint, it can also support factual assertions made in the plaint but it cannot contradict or state facts which cannot be derived from the plaint.
The practice of filing affidavits in evidence which replicate the plaint is incorrect and ought not to be permitted by Courts. Some guidance can be taken from the Delhi High Court (Original Side) Rules, 2018, which, in Rule 2 of Chapter XIX, specifically bar affidavits in evidence from reproducing pleadings/documents on file:
26. Accordingly, the modifications which have been directed by the Trial Court are not found appropriate. The affidavit-in-evidence shall be read as it is. The objections of the Defendant shall be recorded prior to or during the cross-examination and the same shall be considered at the time of final adjudication.
The objections as to mode of proof, admissibility, etc., if raised, would also be liable to be adjudicated at the final stage.
Drafted By Abhijit Mishra
